Certain factors may be used by the court to increase the punishment. These factors are referred to as “enhancements.” If any of the following circumstances are present in a DWI/DUI case, penalties may be substantially increased:
- Prior DWI/DUI w/in the last ten (10) years.
- Excessively high blood alcohol content – Penalties are increased if the blood-alcohol concentration exceeds 0.15%.
- Child endangerment – There is mandatory jail time if there was a passenger in the vehicle under the age of 14.
- Excessive speeding or reckless driving – If the driver exceeded the speed limit by 20 mph on a surface street or 30 mph on a highway with a blood-alcohol content of 0.08% or higher, penalties are increased.
- Refusal to submit to chemical test – May result in an increased jail term.
- Injury or accident – Property damage or injury resulting from the offense can result in felony charges and much more severe penalties.
