A DWI is a very complex charge. In some instances, the driver of the vehicle is only charged with driving under the influence. However, in the event of injury or property damage, the driver can have their DWI charge enhanced. These enhancements are never good news and typically elevate the likelihood of greater consequences, in terms of both fines and jail time. Learn about some of the scenarios that can cause a charge to be enhanced.

Fatalities

If a passenger in the driver's vehicle, a passenger in another vehicle, or a pedestrian is killed as a result of the charged driver's actions, there is a strong chance their DWI charge will be upgraded to something more severe. Depending on the state, incidents like those mentioned could result in a vehicular manslaughter charge with intoxication. This type of enhancement can quickly turn the DWI charge from a misdemeanor to a felony. 

Injuries

While the law provides more harsh punishment for people who drive while intoxicated and cause fatal injuries, the law is just as unforgiving even when a person is only injured. If you caused injuries to any person as a result of your actions, your DWI charge could be upgraded to assault with intoxication. The state laws can vary, but this charge is often a felony. However, the more severe the injury, the greater the degree of the felony, such as a second-degree felony or third-degree felony.

Minor Passengers

A person that drives intoxicated with a child in their vehicle is also at risk of their charges being elevated. Minor passengers are typically those that are under the age of 18, but the threshold is lower in some states. Even if there aren't any injuries that arise from the driver's actions, because the driver put the child at risk with their actions, he or she could be charged with a form of child endangerment. In some instances, this charge comes along with a mandatory minimum for a jail sentence.

First Responder Status

Another factor that can impact a DWI case is whether or not the victim that was injured is a first responder. Police officers, firefighters, and EMTs that are injured by the hands of an intoxicated driver typically lead to an enhanced charge. Again, the severity of the injury will impact the degree of the felony, but just like having minor passengers in the vehicle, this type of charge enhancement often comes with mandatory minimum jail time if convicted.  

If you've been charged with a DWI — you need to speak with an attorney. A DWI attorney will examine your case and can help you determine the potential for any enhancements to your charge, as well as help you fight your case for the best possible outcome.