Interviewer: You discussed the super DUIs assumed at a specific breath alcohol level. Are there any other aggravating factors that people should be aware of because of the severity of the penalties?
Dale: An accident. I don’t care if it’s with a parked car. Even if it is, the judges are thinking that this driver was close to creating a hazard to the public. Not only was the driver drunk, but he was also involved in an accident.
This is considered an aggravating factor.
Interviewer: Even if you’re driving at night and you go off the road and you bump into a tree or bump into a curb? Is something that minor considered an accident? Is that also considered an aggravating factor?
Dale: Any incident that involves an accident report being filed. When you are arrested for suspicion of DUI and an accident, the police officer will write an accident report number on your ticket. The judge will see that accident report on your citation. Most assuredly, the judge will look for that accident report to see exactly what was involved.