If you do certain things while driving under the influence, you may face additional penalties.
California takes the crime of driving under the influence of alcohol or drugs quite seriously. Anyone convicted of a DUI in California can be sentenced to jail time, DUI probation, mandatory DUI school, penalties and fines and a license suspension. The consequences for a DUI will increase if it is a second, third or fourth DUI — or if you are found to be doing something that is considered a DUI enhancement under California law.
A prosecutor can ask for a DUI enhancement in sentencing if you do something that increases the risk of driving under the influence, or if certain other factors are present. An experienced DUI lawyer in Riverside, CA can help you fight back against the DUI charge and the enhancements.
What Are Enhancements?
Driving under the influence of alcohol or drugs can be incredibly dangerous, causing a high number of serious accidents and fatalities each year. Under California law, if you do something that makes impaired driving even more dangerous — or if you otherwise violate the law or show yourself to be a danger to the community — you may be hit with a DUI enhancement.
For example, if you were speeding while driving under the influence, the prosecutor could ask for an exhibition of speed enhancement. To qualify, you must have been driving more than 20 miles per hour above the speed limit on surface streets or more than 30 miles per hour above the speed limit on a freeway or highway. If you drove recklessly or had a child under the age of 14 with you while driving under the influence, this could also lead to an enhancement. If a child was with you, the prosecutor could also charge you with child endangerment, depending on the facts of your case. If your blood alcohol content was extremely high — .20 or above — this could also be a basis for a sentencing enhancement. If your drunk or drugged driving caused an accident, it could either be viewed as a sentencing enhancement or a separate offense if you injured or killed another person.
In addition, if you refuse to submit to a chemical blood or breath test after you are arrested, a prosecutor could ask for an enhancement (note that you are not required to submit to a pre-arrest breath test as long as you age 21 or older and not on DUI probation). If you had a prior DUI or a wet reckless conviction within the past 10 years, that may also lead to a sentencing enhancement.
So what does it mean to get a sentencing enhancement? In short, it means more severe consequences for your DUI. It could lead to jail time (which is not usually given for a DUI, especially for a first offense), a longer license suspension, more time in DUI school or higher fines. As mentioned above, in certain situations, you may even be charged with a separate crime in addition to the DUI itself.
A skilled DUI lawyer in Riverside, CA can help to defend against a sentencing enhancement, typically by attacking the DUI charge itself. Your attorney can develop a number of factual and legal defenses to the DUI, and can also argue against the imposition of the sentencing enhancements.
If you have been charged with a DUI, particularly one with sentencing enhancements, it is critically important to have an experienced attorney to represent you. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation about your DUI case.
