Most states increase the punishment in drunk driving cases if certain facts exist. The most common of these is one or more earlier convictions for the same or a similar offense -- usually within five to ten years of the current offense. Other common enhancements exist for allegations that:
(1) A child was in the car at the time.
(2) The defendant was traveling 20 or 30 miles over the speed limit at the time.
(3) The blood-alcohol concentration was over .20%.
(4) The defendant refused to submit to a chemical test.
(5) There was property damage or injury.
In most states, the existence of any personal injury caused by drunk driving elevates the offense to a felony. A death can trigger manslaughter or even, in a few states, second degree murder charges.
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