Not all driving while intoxicated (DWI) cases are treated equally. The severity of the consequences you may face can be influenced by various factors that either mitigate or aggravate your situation. For instance, you can be arrested for a first DWI offense but face harsher penalties than another person in a similar situation.
Below are some factors that can play a significant role in the outcome of your case.
Prior convictions
Having previous DUI convictions on your record can result in harsher consequences. Repeat DWI offenders are often subject to stricter penalties compared to first-time offenders to address habitual behavior and act as a deterrence. You could, for example, be jailed for up to 30 days for a first offense in New Jersey, while a third offense could see you behind bars for up to 180 days.
BAC levels
Your blood alcohol concentration (BAC) level, which measures your impairment, is also a crucial aspect of your DWI case. A lower BAC, such as just above the legal limit, may result in a more lenient sentence. On the other hand, higher levels of intoxication can lead to more severe consequences.
Causing accidents or injuries
If you caused an accident that resulted in property damage, injuries or death, it will likely enhance your penalties. The presence of minors in the car when drunk driving could also aggravate your case due to the risk posed to their safety, even if you didn’t cause a crash.
Other factors the court may consider include your cooperation with law enforcement, expressing genuine remorse and taking measures to prevent future incidents. Understanding the unique aspects of your situation that could affect your case and seeking urgent legal guidance can help you work towards the most favorable outcome and protect your interests.