In a scenario where an operator without fault is found DWI, can they be charged with aggravated DWI?

In the given scenario, the correct reasoning points to the fact that charges for aggravated DWI typically hinge on the presence of an underlying incident or fault, particularly involving a collision. Aggravated DWI often requires not just evidence of impaired driving but also the demonstration that the driver’s actions led to a specific hazardous outcome, such as an accident.

Therefore, if an operator is not at fault, it’s difficult to substantiate charges for aggravated DWI, as there would be insufficient evidence to show that their driving behavior was a direct cause of an accident or disruption. This position aligns with the legal principles governing DWI charges, where causation must be clearly established.

Other considerations like having a blood alcohol content (BAC) over the legal limit, or prior offenses do not come into play if there is no fault regarding a collision, highlighting the need for established culpability in aggravated DWI cases. Thus, without a collision or incident attributable to the operator, they cannot justifiably be charged with aggravated DWI.