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What Factors Can Aggravate Your DWI Charge?


Interviewer: A while back we talked about aggravated DWI being a felony, so what are the factors that make it aggravated? You said a higher blood alcohol level’s one of them. Is there any others?

Factors Including Accidents, Property Damage and Underage Passengers Can Aggravate Your DWI Charge and May Result in Additional Charges

Ben: Receiving more than one DWI within a 10 year period will aggravate the DWI to felony level. Other aggravating factors include whether there’s a bad accident involved or injuries to another person or an accident or damage to property. Any of those could cause it to be aggravated.

Interviewer: What if you have children in the car under the age of 15?

Ben: That could definitely cause the DWI charge to be aggravated. You could also be charged with endangering the welfare of a child as well, if you have children in the car and you get pulled over DWI. That’s an extra misdemeanor added on.

Interviewer: What was the most extreme DWI case you’d ever handled in terms of levels or what happened during the trial or the outcome?

Ben: I have handled some cases where there have been really bad accidents, and then you just work on trying to come to some kind of equitable plea deal because you don’t want to go to trial. The person, obviously, was drunk.

When Attorney Doscher’s Client Is Facing Very Serious DWI Charges, He Negotiates the Best Possible Plea Bargain to Avoid a Trial

They were driving on the wrong side of the highway or something along those lines. Those are the serious cases to defend. Those are the felony ones, and you have to try to mediate and try to get your client the best deal possible.

Will Bail Be Required to Release You from Police Custody?

Interviewer: Is there typically bail imposed for when you’re arrested for a DWI?

Aggravated DWI Charges Will Be Subject to a High Bail Amount

Ben: For a first offense DWI, it depends on the ADA that’s there at the time. They might ask for $500 or a similar amount. Sometimes they don’t ask for anything on a first offense. On a DWI charge that was aggravated, they’re going to ask for a high bail. If you had an accident or you hurt somebody or you had a high level of alcohol in your blood, they’re going to ask for a high bail.

Interviewer: What would that amount typically be? Would it be as high as ten thousand dollars?

Ben: Yes, it could be as high as ten thousand, even up to fifteen thousand dollars.