If your DUI involves certain factors, you may be subject to DUI sentencing enhancements.
If you look online for the potential penalties for a DUI conviction in California, you will likely find a number of tables that list penalties (jail time, probation, DUI classes, license suspension and fines) based on whether it is a first-time, second-time, third-time or more DUI offense. But in certain cases, these tables are inaccurate because the prosecutor can add “enhancements” to the DUI charge, leading to additional consequences.
Basis for an Enhancement
In California, the law provides that a prosecutor can request a sentencing enhancement depending on the facts of the case. You may be subject to a DUI enhancement if:
- You refuse to submit to a chemical test after being lawfully arrested.
- You were speeding (more than 20 miles per hour above the speed limit on surface streets or highway, or more than 30 miles per hour above the speed limit on freeways).
- You were otherwise driving recklessly.
- Your blood alcohol content (BAC) was .20 or higher, which is more than twice the legal limit of .08.
- You had prior DUI or “wet reckless” convictions within the past 10 years.
- You had a child under the age of 14 in the vehicle with you. This may also lead to a charge of child endangerment.
- You caused an accident.
If any of these factors are present, you may be at risk for additional penalties, such as mandatory jail time, longer DUI classes or a license suspension, or higher fines. The prosecutor may also charge you with other crimes, such as child endangerment or reckless driving.
Defending Against Sentencing Enhancements
For some prosecutors, piling on the sentencing enhancements is standard practice — and a way to ensure a conviction. This is why it is so critical that you have an experienced Tustin, California DUI lawyer on your side.
The first line of defense against sentencing enhancements is attacking the DUI charge itself. This can be done in a number of ways, based on the particular facts of the case. Your attorney may be able to argue that the police did not have a legal basis to stop your car or to arrest you on suspicion of driving under the influence. Another potential argument is that the police violated your rights in some way, perhaps by failing to advise you of your rights.
In some situations, the results of a chemical test can also be challenged. Your test results could have been high based on your diet or a medical condition, or even due to faulty equipment or contamination. Rising blood alcohol could play a role in the case, or perhaps mouth alcohol from mouthwash, breath mints or another source caused a high BAC reading. Your DUI lawyer in Tustin, California can evaluate your case to determine if any of these defenses are likely to succeed, and attempt to negotiate a reduction or dismissal of the charges and the enhancement.
DUI sentencing enhancements can result in severe consequences for even a first-time DUI offense. A Tustin, California attorney whose practice focuses on DUI defense will develop an aggressive strategy to fight both the underlying charge of drinking and driving and any sentencing enhancements. If you have been charged with a DUI and are facing sentencing enhancements, don’t wait. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation about your DUI case.
