When it comes to driving under the influence (DUI) in Indiana, certain factors can make the charge even more serious. Understanding these aggravating factors is crucial to avoid severe penalties and consequences.
What are the DUI aggravating factors?
Aggravating factors can render the crime of Operating a Vehicle While Intoxicated (OWI) more severe. They can lead to higher fines, longer jail time and longer license suspensions. Indiana law views these factors as increasing the danger to the public or showing a pattern of risky behavior.
High Blood Alcohol Concentration (BAC)
You’ll face more serious charges if your BAC is 0.15% or higher. This is nearly twice the legal limit of 0.08%.
Repeat offenses
If you’ve had a previous DUI conviction, your new charge will be more serious. Multiple offenses show a pattern of dangerous behavior. The punishments get harsher with each conviction.
Causing injury or death
If your OWI results in someone getting hurt or killed, you’ll face very serious felony charges. This includes injuring or killing a law enforcement animal.
Driving with children
Having a passenger under 18 in your vehicle during a DUI is a serious offense. The law views this as putting a child in danger.
Why aggravating factors matter
Aggravating factors can turn a misdemeanor DUI into a felony. This means potentially years in prison instead of months in jail. Fines can increase from thousands to tens of thousands of dollars. Your license suspension could last years instead of months. A criminal record can harm your job prospects, housing options, and voting rights.
Seeking legal help might be advisable in DUI cases, especially those involving aggravating factors. An experienced attorney can help you prepare a strategy or defense and negotiate for reduced charges or penalties.
Remember, the best way to avoid these serious consequences is never to drink and drive. Always plan for a safe ride home if you’re going to drink. Your life and the lives of others on the road depend on it.