California DUI Sentence EnhancementsPrior 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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