Washington has some of the toughest DUI laws in the country, but certain circumstances (called aggravating factors) can raise the stakes even higher. If any of these factors apply to your case, you could face longer jail sentences, bigger fines, and stricter license restrictions.
Understanding them early can help you and your attorney build a stronger defense.
High Blood Alcohol Concentration (BAC)
One of the biggest red flags for the court is a high BAC. If your reading is .15 or higher, you can expect harsher penalties, including longer mandatory jail time, higher fines, and an extended license suspension.
The reasoning is simple: the higher your BAC, the more the court views you as a danger to public safety, which often leads to less leniency.
Refusing to take a breath or blood test during a DUI stop can also hurt your case. While you have the right to refuse, the law treats this as an aggravating factor. It can trigger an automatic license suspension and be used against you in court as evidence of non-cooperation.
Accidents and Injury-Related DUIs
If your DUI incident involves a crash (especially one causing injury or property damage), the penalties can increase significantly. In cases where someone is hurt, prosecutors might file additional charges such as vehicular assault.
Another serious factor is having a child in the car at the time of your arrest. Courts treat this as a major aggravating circumstance because it’s viewed as endangering minors, and the penalties can be tough.
Prior Criminal History
Your past can follow you into court. Even if your prior convictions aren’t related to DUI, they can influence the judge’s perception of your case. Repeat DUI offenders, in particular, often face the harshest treatment because the court sees a pattern of risky behavior.
Why Legal Representation is Critical
When aggravating factors are on the table, having an experienced DUI lawyer isn’t optional; it’s essential.
A skilled defense attorney can challenge the evidence, dispute how certain factors are being applied, and negotiate for reduced charges or lighter penalties. They may also be able to present alternative sentencing options, such as treatment programs or community service, to avoid the most severe consequences.
Taking Steps Now Can Help Later
If you’re facing DUI charges, taking proactive steps (for example, enrolling in alcohol education classes or voluntary treatment) can help show the court you’re taking the matter seriously.
Judges often view these actions as signs of responsibility, which can influence sentencing in your favor, even when aggravating factors are present.
Aggravating factors can raise the stakes, but they don’t have to seal your fate. With quick action and the right defense strategy, you can work toward limiting their impact and protecting your future.
Contact Scott Lawrence of Snohomish Law Group today. With years of experience defending DUI cases in Washington, Scott knows how to navigate complex situations and fight for the best possible outcome in your case.
