If you drive with a high level of alcohol in your system, you could be facing enhanced sentencing.
In California and throughout most of the country, it is against the law to drive with a blood alcohol content (BAC) of .08 percent or higher. This number is fairly well-known, and seems straightforward — if you drive with a high BAC, you will get a DUI. But what many people do not realize is that if there BAC is over a certain level, they will face additional consequences as part of an enhanced sentencing law.
California takes drunk driving seriously, and the penalties for driving under the influence of alcohol reflect that. If a person is caught with a blood alcohol level of .15 percent or higher, then they will likely be given an enhanced sentence. And if their BAC is .20 percent or higher, the penalties increase even more. This is true whether the person is a first-time offender or it is a second or greater DUI.
The reason behind this enhanced sentencing is clear. While it is dangerous to drive with a BAC of .08 percent, if a person is driving with a BAC of .15 percent or higher, then the potential for an accident, serious injuries or fatalities is even higher. There may be an argument that a person with a BAC of .08 percent isn’t too impaired to drive safely; it is much harder for a DUI lawyer in Riverside, CA to claim that a percent whose BAC was .15 percent, .20 percent or more.
Penalties for a High BAC DUI
If you are caught driving with a BAC of between .15 and .19 percent, you will face additional consequences. A prosecutor has discretion when seeking enhanced penalties, but they commonly include more months in mandatory DUI school, going to AA meetings in order to be released or to be on probation, going to a Victim Impact Panel or going to a Hospital and Morgue program. The type of extra penalties sought will depend on a number of factors, including whether or not this is a first offense.
For anyone arrested driving with a BAC of .20 percent or higher, the consequences are even more severe. The law requires that a defendant in this type of case be ordered to attend at least 9 months of a DUI program that meets specific requirements (such as education, group counseling and individual interview sessions). In many cases, the prosecutor will request that this program be for 18 months rather than 9. In addition, the person caught with this level of BAC will get the usual DUI penalties plus the enhanced penalties described above.
Ultimately, being caught with a high BAC level can result in much more significant consequences. That is why it is so important for anyone arrested for a DUI contact a skilled DUI lawyer. In Riverside, CA, the Chambers Law Firm offers aggressive representation for all DUI cases, including those involving high BACs. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation. We will vigorously defend you against all charges, and will work hard to achieve the best possible outcome for your case.
