Every DWI case is quite different. You may have different things working for, or against you, depending on how it all shook out. Mitigating factors, in particular, try to focus in on the positives of your case— the things that might help you rather than hurt you.
Mitigating Factors: Positive Moves to Help Your DWI Case
What exactly are mitigating factors?
First of all, mitigating factors are evidence or information about you or the circumstances of your DUI that may reduce your charges or punishments. In short, that just means evidence about your DWI arrest and charge, that can help your case rather than worsen it. Following, you will find some examples…
Examples of Mitigating Factors:
Slight Impairment
While impairment is not a good thing, it can help your case if your impairment is minimal. By that, if your BAC reading is only slightly over the limit at, say, .09%, this can be a mitigating factor. Another example would be if your impairment was minimal and there was no chemical test to suggest it was higher. This means if you did not have to submit a breathalyzer or blood test, you could potentially help your case.
If Your Driving was Safe, Except for Impaired Driving
While this may seem a little confusing, we will help explain the concept. Basically, this means if an officer did not stop you due to some form of dangerous or erratic driving. Rather, he stopped you for a faulty tail light, or at a route checkpoint. In both of these scenarios, the officer had no reason to believe that you were intoxicated.
An Otherwise Safe Driving Record
Another mitigating factor in your case may be that you have an otherwise clean driving record. By that, you don’t have any prior tickets that put more than 4 points on your license. In addition, you haven’t had a ticket in the last 5 years that could have resulted in you losing your license. By showing that you’re a safe member of the roadway, you have the potential to reduce your sentencing.
Complying With Assessment and Classes
Lastly, completing an alcohol abuse assessment, take necessary classes, and performing other recommendations, will show that you have a willingness to right your wrongs. This can also serve as a mitigating factor in your DWI case.
When facing DWI sentencing, you want to have positive factors that will reduce your punishment
Therefore, it’s important to discuss all the details surrounding your DWI case with your attorney. Share anything, and everything. You never know what might help your case, but your attorney just might. In understanding the details, and hashing them out together, you and your attorney could potentially reduce your sentence.
