Most criminal consequences are progressive. First-time offenders receive more lenient sentencing in most cases than those with a repeat history of committing the same crime. Drivers accused of a first driving while intoxicated (DWI) offense might assume that a judge may take their lack of criminal record into consideration.
However, judges can also consider aggravating factors. Prosecutors can as well. In some cases, first-time DWI charges may lead to felony charges against motorists. Other times, they are at risk of particularly harsh penalties because of the details of the situation.
What considerations may negatively impact the outcome of DWI charges for a first-time offender?
Unusually high alcohol levels
Many DWI charges are technical offenses. Testing shows that the driver is over the legal limit for their blood alcohol concentration (BAC). For most adults who can legally drink, a BAC of 0.08% is enough to warrant their arrest even without any other complications. However, when people get close to double the legal limit, the penalties that they face may increase. A driver with a BAC of 0.15% or higher faces more serious charges. A typical first-time DWI charge is a Class B misdemeanor, but a high BAC charge is a Class A misdemeanor. They face the same penalties as someone accused of a second DWI offense.
Crashes that cause injury or death
Prosecutors can pursue harsher charges against those who cause crashes while under the influence. Motorists who injure another person or cause someone to die may face felony charges instead of a misdemeanor DWI charge. Felony intoxication assault or intoxication manslaughter charges may follow collisions that lead to injury or worse for other people.
The presence of minor passengers
State prosecutors can pursue more serious charges against impaired drivers who have young people in their vehicles. Those with passengers under the age of 15 can face felony charges instead of misdemeanor charges. That is as true for a 22-year-old driving with a teenage sibling home from school as it is for a parent driving home from a dinner with drinks with their children.
Anyone who is facing DWI charges, especially in cases with aggravating factors, may need help deciding how to respond. Fighting those pending charges may require careful legal preparation, which can help people avoid the worst possible outcomes, including a felony criminal record.