Driving while extremely drunk can result in increased penalties.
In California, the legal limit for blood alcohol content (BAC) for most drivers is .08 percent (the exception is for drivers under the age of 21, anyone on DUI probation, and drivers of commercial vehicles). The state takes driving under the influence very seriously, and imposes significant penalties on drivers who are caught driving while intoxicated. This can include a license suspension, probation, fines, court fees, DUI school, and potential community service.
What Californians may not know, however, is that if you are caught driving while extremely intoxicated, then you will be facing even harsher penalties. You may think that there isn’t a difference — that driving drunk is driving drunk. But in reality, there is a world of difference between a person who had a glass or two of wine and a person who is blackout drunk. While the first person may still be able to safely drive a vehicle, the second should not be anywhere near the driver’s seat of a car. That is why there are increased penalties for anyone with a BAC over a certain level under California law.
If you are arrested for DUI and have a high BAC, you will get what is known as a sentencing enhancement. This means that you will still have the regular DUI penalties, but will also get additional penalties on top. Typically, prosecutors will request that the driver in these cases plead guilty — on the record — to the special allegation that their blood alcohol content was particularly high. Your San Bernardino DUI defense lawyer can talk to you about what pleading guilty to this allegation means.
The types of penalties that a driver with a high BAC sentencing enhancement may face will vary based on the situation. Typically, mandatory DUI classes are three months for first-time offenders. If you have an elevated BAC, however, you could be sentenced to as long as six or nine months of mandatory DUI classes. Another potential penalty may be attending a Mothers Against Drunk Driving (MADD) Victim Impact Panel, which is a one day presentation where you will be required to listen to the stories of people whose lives have been affected by drunk driving, such as those people whose family members or friends have been killed by drunk drivers. Another alternative might be attending a Hospital and Morgue program, where you will have to visit a hospital and morgue to learn about the dangers of drunk driving, and then write an essay about what you have learned.
As part of a plea deal or a sentence imposed by a judge in a high BAC case, you may also be required to attend Alcoholics Anonymous meetings. You may also be sentenced to jail time, depending on the facts of the case, or even an ignition interlock device. Because the potential penalties for a high BAC case can vary significantly and may be severe, it is important to hire a San Bernardino DUI defense lawyer to help defend you against these charges.
At the Chambers Law Firm, our attorneys are skilled at helping people who have been accused of drunk driving. We will aggressively defend you on DUI charges, including those involving high BAC sentencing enhancements. Contact us today at 714-760-4088 or dchambers@clfca.com to learn more about how we can help, and to schedule a free consultation.
