Not all DWI arrests are the same. Even if you are fortunate enough to avoid injuring someone or cause an accident while you are driving drunk, the state will still examine certain elements of your DWI arrest to see if upgraded charges are warranted. And while this will be determined on a case-by-case basis, there are three specific factors that can lead to enhanced DWI charges. In today’s blog, we explore the three factors that can cause your misdemeanor DWI arrest to be upgraded to a gross misdemeanor or even a felony.
DWI Aggravating Factors
If one or more of these aggravating factors are present during your DWI arrest, there’s a good chance that your DWI charges will be upgraded to a more severe charge. The three factors that prosecutors look for when determining how to charge a suspected drunk driver are:
Blood Alcohol Concentration – You’re probably aware that 0.08 is the legal limit for a driver’s blood alcohol concentration, but there’s another threshold that impacts your DWI charge. If you BAC is more than twice the legal limit, there’s a good chance that you’ll face upgraded DWI charges. A BAC at or above 0.16 is considered an aggravating factor for Minnesota DWI cases, so if you’re well over the legal limit, you may find that you’re facing upgraded DWI charges.
Presence Of A Minor – The state doesn’t look down kindly on those who endanger the lives of children. If there are individuals under the age of 16 in your vehicle at the time of your DWI arrest, your charges can be enhanced. The presence of a minor in a vehicle driven by a suspected drunk driver can take a misdemeanor charge and turn it into a gross misdemeanor.
Previous DWI – The final factor that could lead to upgraded DWI charges is whether or not you have already earned a DWI in the past. If you have a DWI conviction within the last 10 years, it will be considered an aggravating factor for your current DWI case. Any individual who has been convicted of a DWI within the last 10 years should expect a subsequent DWI charge to be upgraded.
Finally, it’s worth noting that your DWI charge can be upgraded even further if multiple aggravating factors are present. For example, if your 9-year-old son was in the vehicle and you had a BAC of 0.23, your charges could be upgraded even further. The presence of aggravating factors, and the number of factors present, will all impact your official DWI charge.
So whether you’re facing a run-of-the-mill DWI charge or the prospect of an upgraded gross misdemeanor or felony charge, let Avery and the team at Appelman Law Firm be your guide. We’ll go to bat for you and help you navigate this tricky situation. For more information, or for help with a different criminal matter, reach out to the team at Appelman Law Firm today at (952) 224-2277.
