Most states increase the punishment in drunk driving cases if certain facts exist. The most common of these is an earlier conviction for the same or a similar offense -- usually within five or seven years of the current offense. Other commonly encountered enhancements (which must usually be alleged in the complaint) include:

1. A child was in the car at the time.
2. The defendant was travelling 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.
6. In Texas, the existence of serious bodily injury caused by someone driving while intoxicated elevates the offense, to a 3rd degree felony.  A death can trigger manslaughter or even, in a few states, second degree murder charges.