What Actions Can Lead to Enhanced DUI Penalties?

Posted on: 3 June 2015

DUI penalties are very strict. But they can become even stricter if you are subjected to DUI enhancement penalties. Under certain circumstances, you may find that your license was suspended for longer, that you will have to pay a larger fine, or that you will have to participate in mandatory jail time. If you want to avoid these harsher penalties, you will need to avoid driving under the influence and you will especially want to avoid the following actions.

Refusing to Take a Breathalyzer Test

You can refuse to take a breathalyzer test. However, doing so may lead to your license automatically being suspended, depending on the state you are in. This may also be factored into whether you receive enhanced DUI penalties.

Endangering a Child

If you are driving under the influence and it leads to child endangerment, you will have an increased risk of receiving enhanced DUI penalties. You will be more likely to receive a felony. Also, the fact that you endangered a child will alter how the judge affects the case and it will be much less likely that the judge will be lenient.

Having More Than One Conviction

Those who have had a prior DUI conviction are more likely to receive a more serious DUI penalty. Multiple DUIs have lead many individuals to receive felony convictions. This rule can easily destroy the life of someone who has only had a glass of wine and has been pulled over afterward a few too many times. Remember that even if you believe you can drive, your blood alcohol level will be what the law focuses on.

Having a Very High Blood Alcohol Level

The higher your blood alcohol level, the less likely that you will be able to get home safely. Therefore, many states have begun to adopt harsher penalties for those drivers who have a high blood alcohol content.

Causing Property Damage or Bodily Harm

If you cause an accident while driving under the influence and damage property, most states will slap you with harsher penalties. Your penalties will be especially tough if you also didn't have car insurance at the time of the accident. Causing bodily injury also typically leads to more severe penalties.

If you have been arrested for a DUI, you will always be at risk of receiving serious penalty, However, a DUI attorney like R. Patrick McPherson Attorney At Law may be able to argue for why you you deserve leniency or may even be able to prove that you were not actually driving under the influence.