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Q. What are some of the things that enhance the punishment in a DUI, DWI, or drunk driving case?

Q. What are some of the things that enhance the punishment in a DUI, DWI, or drunk driving case?

A. This too will vary from state to state, or county to county. In general, though, there are certain factors that can trigger additional punishment in a DUI or drunk driving case. These include some of the following:

  • A child being in the car while the driver is DUI / DWI.
  • Speeding above certain levels (20-30 mph over the limit) while driving under the influence of alcohol.
  • A blood alcohol concentration or breath alcohol test of .20% or greater while DUI / DWI.
  • Refusing to submit to a chemical test of blood, breath, or urine when suspected of DUI / DWI.
  • An accident, property damage, or injury arising out of a DUI / DWI case.
  • The person driving under the influence is under 21 at the time of the offense.
  • Prior convictions for DUI, DWI, OUI, OWI, or a related drunk driving offense.

In many states, if someone is injured by a DUI driver, even if a passenger in the drunk driver's car, the case is considered a felony DUI / DWI. Also, if there is a death related to a DUI / DWI case, the drunk driver can be charged with vehicular manslaughter or even murder.

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