Legal Resources
Drinking and Driving Offenses
Examples of Mitigating Factors
Definition and Examples of Aggravating Factors for a DWI/DUI Sentencing
Possible DWI/DUI Sentencing Outcomes
Consequences Related to a DWI/DUI Conviction
Drinking and Driving Offenses
The acronyms for drinking and driving related offenses vary from state to state. Below are definitions of the various acronyms.
| DUI: | Driving under the influence |
| DWI: | Driving while intoxicated/impaired |
| OUI: | Operating under the influence |
| OWI: | Operating while intoxicated |
| OMVI: | Operating a motor vehicle while intoxicated |
| DUIL: | Driving under the influence of liquor |
| DUII: | Driving under the influence of intoxicant |
| DWAI: | Driving while ability impaired |
| DWUI: | Driving while under the influence |
| DUBAL: | Indicates driving with an unlawful blood alcohol level |
| UBAL: | Same as DUBAL |
| Open Container: | Having an open container of alcohol in the passenger compartment of the vehicle |
Examples of Mitigating Factors
- Remorse and apology
- Rehabilitation and rehabilitative potential
- Good character
- Absence of any prior disciplinary or criminal record
- Conduct between the offense and the trial, including rehabilitation and cooperation
- Defendant’s family situation and role in supporting dependents
- Cooperation with law enforcement and prosecutors
- Restitution (repayment)
- Victim forgiveness
- Non-judicial punishment
- Extreme youth, or special conditions such as health or low IQ
Definition and Examples of Aggravating Factors for a DWI/DUI Sentencing
An aggravating factor is the opposite of a mitigating factor – it is a circumstance which increases the severity of a crime. Regarding a DWI/DUI sentencing, any of the following are examples of aggravating factors
- A driving record with prior convictions for offenses for which the convicted person’s license is subject to revocation
- Especially reckless or dangerous driving
- Gross impairment of senses (usually coupled with a certain blood alcohol concentration level)
- One or more prior convictions of impaired driving
- Driving with a revoked license (not revoked due to impaired driving)
- Conviction of speeding
- Negligent driving
Examples of grossly aggravating factors
- Driving with a license revoked due to impaired driving
- Driving with a minor in the car
- Death or serious injury
Possible DWI/DUI Sentencing Outcomes
An ill-prepared defense on your sentencing date could increase the chance of receiving numerous fines and punishments, some of which include:
- City case: 0-6 months jail time
- First time county charge: 10 days to 1 year in County jail
- Felonies range from: 1-10 years in the State penitentiary and fines up to $7,500.
- An accident resulting in death can generate a Manslaughter charge, with a maximum sentence of life
- Up to 10 years in prison
- $5,000 fine
- Mandatory community service up to 480 hours (2 months of work hours)
- 28 days of inpatient treatment at your expense, which could cost tens of thousands of dollars
- Electronic monitoring for you and/or your car
- Loss of your driver’s license up to 3 years*
- Lifetime loss of a Commercial Driver’s License (CDL)*
- Lifetime inability to obtain a Commercial Drivers License (CDL)*
- Loss of a Pilot’s License*
- Loss of right to vote
- Prevention from entering foreign countries, including Canada
- It may become a crime for you to own a gun
* You have a limited number of days to appeal this sentence
Consequences Related to a DWI/DUI Conviction
- Termination from present job
- Downgraded credit rating
- Many insurance policies will not allow you to drive a company vehicle with a conviction—meaning your boss may have to fire you
- Your insurance can increase by thousands of dollars annually for years to come
- Eviction from many rental units
- Applications for residence could be refused
- Many future jobs may be closed to you
