Extra Jail, Fines & Suspension In Certain DUI Cases

In Washington, the prosecutor will consider the unique facts of every DUI arrest when they determine whether aggravating factors exist for purposes of criminal charging. Where aggravating factors are listed in the charging, it typically means the state finds there was a higher level of danger or recklessness on the part of the driver.

If your DUI case involves aggravating factors, the negotiation of your case will be much more challenging. Additionally, if the case is resolved short of trial or goes to trial, be prepared for the prosecutor to ask for additional punishment for these special allegations.

Most often, the increased penalties will relate to increased jail time, increased fines, a longer license suspension, and, depending on the jurisdiction, stricter probation terms. However, there can be defenses to the aggravating factors that reduce the overall strength of the prosecutor’s case. It is not uncommon for the defense attorney and prosecutor to negotiate the reduction of these factors as part of the process of resolving the case. 

If you think your DUI or Physical Control case involves aggravating factors, be sure to contact a local experienced DUI attorney to know what resolution options are likely in the jurisdiction where you were charged. Some counties have very strict guidelines when a DUI case involves aggravating factors.

If your BAC is 0.15% or higher, it is an aggravating factor. The higher BAC will get the attention of the prosecutor. At the arraignment, the prosecutor may ask for tougher conditions of release such as an ignition interlock device, SCRAM, or random UAs. And, unless there are weak aspects to the state’s case, the high BAC will limit the options for resolution. If the defense attorney is unable to get the special allegation struck from the resolution, the defendant will have longer jail, higher fines, and a longer drivers license suspension.

By driving in Washington, you are deemed to have given implied consent to submit to a breath or blood test if a law enforcement officer has reasonable grounds to believe you are under the influence of alcohol or drugs. Washington’s Implied Consent Law (RCW 46.20.308) mandates that anyone who operates a motor vehicle within the state automatically consents to a breath or blood test to determine the presence of alcohol or drugs if they are lawfully arrested for driving under the influence (DUI). If you refuse, it is considered an aggravating factor in a DUI case. Additionally, the refusal can be used as evidence in a trial to argue that only an impaired person would refuse the breathalyzer.

Under RCW 46.61.507, driving under the influence with a minor passenger under the age of 16 in the vehicle is treated more severely than a standard DUI offense. This is considered an aggravating factor that can affect both the criminal case and any related Department of Licensing administrative actions. Courts and prosecutors treat these cases with heightened concern due to the potential danger to children.

Since DUI laws are primarily designed to protect public safety, when an accident occurs while someone is driving under the influence, the prosecutor typically argues that it demonstrates a higher level of recklessness and danger.  Additionally, the prosecutor may try to use the accident at trial as evidence of the driver’s impairment.

Reckless driving is considered an aggravating factor in a DUI case because the prosecutors feel it demonstrates a higher level of danger and disregard for public safety. Under RCW 46.61.500, reckless driving is a separate criminal offense in Washington. If a person is charged with both DUI and reckless driving, or if reckless driving is involved in the DUI incident, the prosecution can argue for enhanced penalties because the combination of offenses demonstrates a heightened level of endangerment.

This is not an exhaustive list of aggravating factors but they are the most common. If you have an usual fact pattern with your case or a history of past DUI arrests (even if you were not convicted), you should speak to an experienced DUI attorney before you make any decisions about how to resolve your current case. 

A DUI conviction (or even an alternative resolution) can impact professional licenses, driver license suspensions, being deemed a habitual traffic offender, international travel, and even firearm rights. Do not plead guilty or resolve a DUI case without being fully informed!

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If you are facing a DUI, Physical Control or other criminal charge in western Washington, give our office a call. We are here 7 days a week to help and we take calls after hours. Don’t delay in getting the guidance you need. (360) 792-1000