California DUI Attorneys
California DUI Laws

 

California DUI Facts

The DUI Penalties in California can be enhanced by the following facts:

  • An alcohol concenration above .15 percent
  • Refusing to take an alcohol content test
  • Having a child in your vehicle
  • Speed exceeding the posted limit by 20 miles per hour
  • Having a prior DUI conviction

 

Different counties handle DUI cases differently within California. Some additional factors that impact the sentence you will get if you are convicted are:

  • What actually happened in your case;
  • How preparred your attorney is, and what kind of issues and leverage he or she can establish;
  • Local city or county court policies;
  • The prosecutor's office and even the individual prosecutor involved;
  • The reputation and history of your attorney.

 

 

California DUI Sentence Enhancements

Prior Convictions - If the defendant has a DUI conviction within the last 10 years, the penalties of jail time, DUI school and license suspension periods are increased. Two priors within the last ten years results in even further penalty increases, and if you have three or more DUI's you will be charged with felony DUI.

High BAC - If your BAC level is .15 or higher, California imposes an enhanced sentence

Test Refusal - If you refuse to submit to a chemical testing, the amount of jail time you will serve will increase, and the administrative suspension for refusing will be imposed.

Speeding and/or Reckless Driving - If at the time of your DUI arrest you were speeding in excess of the posted speed limit a sentence enhancement will be imposed for 20 mph over the speed limit on a surface street and 30 mph over the limit on a freeway.

Child Endangerment - If a minor passenger under the age of 14 is present in the vehicle harsher penalties are imposed.

Accident or Injury - DUI involving serious bodily injury to another person will be charged as a felony.  DUI incidents resulting in death may be charged as vehicular manslaughter.  Both felony DUI and vehicular manslaughter carry harsher penalties.
 

 

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