DUI Arrests: Punishment Enhancements
Sunday by: Doreen
In a misdemeanor case of DUI, there are conditions or special allegations that can increase a person’s chances of being sentenced with harsher punishment. Greater fines, mandatory participation in alcohol education programs, and incarceration in the county jail are all examples. The following are all conditions that can affect the sentence:
Refusing to Submit to a Chemical Test (VC 23577)
If a person is arrested for VC 23152, a DUI charge, and at the time of the arrest refused to take a chemical test, then the defendant’s driving privileges will be suspended for a period of 6 months as an enhancement, in addition to the penalties for the DUI conviction.
Excessive Blood Alcohol Content (VC 23578)
If a person is convicted of VC 23152 with a BAC of .20 percent or greater, then the court is afforded the ability to enhance the sentencing of the defendant. In addition, if probation is granted, additional or enhanced terms and conditions of probation may be instituted.
Repeat Offenders: Mandatory Imprisonment (VC 23580)
If any person is convicted of a violation of 23152 and the offense was a second or subsequent DUI offense, the court shall require a term of imprisonment in the county jail for a minimum of 48 consecutive hours or a minimum of 10 days of community service.
Speeding: Additional Penalty (VC 23582)
Any person who drives a vehicle in excess of 30 mph of the posted speed limit on the highway, or 20 mph over the posted limit on a street or highway, shall be punished by an additional and consecutive term of 60 days in the county jail.
On the first conviction of this section, the court shall order the driver to participate and complete an alcohol or drug education and counseling program.
DUI Penalties for Drivers Under 21 (VC 23502)
If a driver under 21 is convicted of having a BAC above .01 percent, they will have their driver’s license suspended for a period of one year.
DUI with a Minor Passenger (VC 23572)
If the driver is DUI and has a child under the age of 14 in the vehicle, then a number of enhanced penalties may be imposed. Mandatory jail time between 48 hours and 90 days in jail may be imposed.
Contact an experienced dui defense lawyer right away if you or a loved one have been arrested for DUI.
