What to know about aggravating factors for DUIs
hoku • April 6, 2023
Drunk driving charges are serious enough for any driver in Hawaii. They can mean harsh penalties and a stained criminal record. However, aggravating factors could make the situation even worse for anyone facing these allegations.
What are aggravating factors?
A drunk driving charge means a person is accused of operating a vehicle with a blood alcohol concentration (BAC) at or above 0.08 percent. Aggravating factors increase the severity of a criminal charge and the potential penalties if a person is convicted. In other words, they are circumstances that make an alleged DUI even worse.
State laws in Hawaii identify the following as an aggravating factor:
- At least one previous DUI: Repeat offenses are among the most common aggravating factor. Someone with a history of drunk driving convictions can face increasingly severe penalties for each instance on their record, particularly if they occurred in the past ten years.
- Having a person under 15 in the car at the time: A person charged with DUI when they have a child under 15 years old in the vehicle can face higher fines, jail time and revocation of their license.
- Having a very high BAC: Drivers with a BAC of 0.15 percent or higher are “highly intoxicated.” Under these circumstances, the law allows for lengthier license suspension and mandatory installation of an ignition interlock device in their vehicles. You also have to do two days in jail.
- Causing injury: A DUI that might have been a misdemeanor can become a class C felony if the driver caused injuries to other parties. Potential penalties include five years in prison and up to $10,000 in fines. If the injuries are fatal, it could be a class B felony, which can result in 10 years in prison and $25,000 in fines.
With so much at stake when it comes to DUIs with aggravating factors, drivers in Hawaii must take seriously their right to defend themselves.
Defending against charges
DUI defense strategies depend on the details of a case. However, when it comes to aggravated DUI, part of the process will likely involve challenging the factors we mentioned above, in addition to contesting the drunk driving allegations.
This can be complicated, but doing so effectively can help a person minimize penalties and have their charges reduced or dismissed.
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