Which circumstance is considered an aggravating circumstance in DUI cases?

In DUI cases, the presence of a passenger under 12 years old in the vehicle is considered an aggravating circumstance due to the increased risk it poses to the safety of a vulnerable individual. When a driver is under the influence of alcohol or drugs, their judgment and ability to operate a vehicle safely are impaired. Having a young child as a passenger heightens the potential for harm not only to the child but also to other road users. Therefore, this situation can lead to more severe penalties in DUI cases, as it indicates a greater degree of negligence and recklessness on the part of the driver.

In contrast, driving under the speed limit does not inherently demonstrate unsafe behavior associated with DUI. Refusing to participate in educational programs may reflect negatively on a driver's willingness to address their drinking issues, but it is not categorized as an aggravating circumstance. Likewise, passing a sobriety test successfully indicates that a driver is not impaired at that moment, which would not contribute to aggravating factors in DUI situations.