California DUI Enhancements
The state of California has several statutes known as DUI Enhancement Laws that add more penalties to the standard penalties related to a DUI conviction.
These higher penalties are designed to address additional crimes on top of the crime of driving under the influence of alcohol or drugs, whether it's a first, second, third, fourth, or subsequent offense within 10 years.
When facing a DUI charge in California, it's crucial to have a Los Angeles DUI lawyer by your side. Our familiarity with California's DUI enhancement laws and our ability to defend you can make a significant difference in your case.
It can substantially increase the time you are ordered to spend in jail or state prison and can increase the other DUI penalties related to your DUI conviction.
Our law firm offers a free case evaluation. During this evaluation, we will review the details of your case, discuss your legal options, and provide an initial assessment of your situation.
Driving under the influence (DUI) in California is not just a crime; it's a serious offense that carries harsh consequences. A DUI offense can carry more significant punishments when certain 'enhancements' are involved, underscoring the severity of the situation.
Simply put, DUI enhancements are additional aggravating factors that can enable or even require a judge to impose harsher penalties in addition to the DUI itself.
These factors can include speeding, driving with a minor in the car, or having a high blood alcohol concentration. Think of it as an extra penalty for a DUI conviction based on these aggravating circumstances.
For example, speeding over 20 mph over the speed limit on a city street or 30 mph over the speed limit on a highway while driving under the influence is considered an aggravating factor.
As noted, others include a DUI with a minor in the car (VC 23577), a DUI or a related conviction within the prior ten years, and excessive blood alcohol (VC 23578).
What is a Sentence Enhancement?
Understanding what a 'sentence enhancement' is can help you navigate your DUI case more effectively. It's an additional penalty for a crime that is added to the usual penalty under certain circumstances, and it must be included in the initial complaint filed by the district attorney.
You will know if you are facing the possibility of a sentence enhancement because it must be in the original complaint filed by the district attorney. It cannot be added on later during sentencing.
Suppose new evidence is discovered after the original complaint is filed against you. In that case, the prosecutor (DA) can file an amended complaint to ask for an enhanced penalty.
One of the main DUI sentence enhancements is related to prior convictions because the state's DUI penalty system is set up in that manner. In other words, lawmakers have set up the laws in a way that repeat DUI offenders receive harsher penalties than first-time offenders.
For example, the possible penalties for a DUI enhancement in California include the following:
- Longer period of probation,
- Longer jail time,
- Longer driver's license suspension or revocation,
- Larger fines, assessments, and fees,
- Mandatory installation of an ignition interlock device (IID),
- Additional community service hours,
- Longer DUI school,
- Longer alcohol and drug treatment programs.
What are the DUI Enhancement Laws?
There are several driving under the influence (DUI) enhancement laws in the State of California, which are discussed below.
Repeat Offenders
Someone with a second, third, or fourth DUI conviction within 10 years must serve at least 96 hours in jail and up to one year for a second DUI, at least 120 days in jail and up to one year for a third DUI, and at least 180 days for a fourth DUI and up to three years in state prison (Vehicle Code 23580 VC).
For a second DUI, you should expect increased fines, a longer mandatory alcohol education program, and a potential jail sentence.
Speeding and Reckless Driving (VC 23582)
Under California Vehicle Code Section 23582, if you are driving under the influence and are found to be speeding 20 miles per hour or more over the speed limit on a standard city street or 30 miles per hour over the limit on a highway while also driving recklessly, you might face an enhanced sentence.
Notably, this DUI enhancement requires proof of both speeding and reckless driving. In other words, the prosecutor has to show that you exceeded the speed limit by the specified amounts and drove recklessly, such as weaving in and out of traffic or making unsafe lane changes.
Simply put, reckless driving involves any dangerous or careless behavior on the road. Examples include swinging into oncoming traffic or running up onto the sidewalk. Suppose this particular enhancement applies to your DUI case. In that case, you could face the following:
- An extra 60 days of jail time might be added to the sentence on top of the standard DUI penalties.
- The judge might also impose higher fines and other penalties, such as a longer DUI school or even an extended period of probation.
Refusal to Submit to Chemical Testing (VC 23577)
California has an implied consent law, meaning that you agreed to a blood or breath test in advance when you obtained your driver's license.
Suppose you refused to allow such a chemical test (blood or breath) after you were arrested for DUI. In that case, you will have increased jail time and face a longer administrative license suspension.
The length of additional jail time and the duration of license suspension you will be ordered to serve will vary, depending on whether it's your first, second, third, fourth, or subsequent DUI offense in 10 years.
High Blood Alcohol Concentration (BAC)
Driving with any alcohol level over .08% is illegal, but if BAC is very high, you're considered a greater risk and sentenced more severely. This is typically .15% or higher, as codified in Vehicle Code 23578 VC.
Driving with a Minor Under Age 14 in the Vehicle (VC 23572)
Driving under the influence with a minor under 14 years old in the vehicle is considered a higher heightened level of irresponsibility and child endangerment.
Thus, when this occurs, the law imposes additional penalties that might include longer jail terms and higher fines, as codified in California Vehicle Code 23572 VC, including the following:
- A mandatory 48-hour jail sentence is added for a first DUI offense,
- An extra ten days in jail for a second offense,
- An extra 30 days in jail for a third offense, and
- An extra 90 days for a fourth or subsequent offense.
Further, you might face separate charges of Penal Code 273a child endangerment, which will carry separate legal consequences.
Causing an Accident or Injury (VC 23558)
A DUI conviction involving bodily injury on someone or multiple victims (Vehicle Code 23558 VC) could enhance your sentence by one additional year for every injury victim, with a maximum of three years allowed.
Under California law, when a DUI offense causes harm to others, it can elevate a misdemeanor to a felony, especially if serious bodily injury occurs.
This can result in much harsher penalties, including extended prison sentences and substantial fines. Victims might also pursue civil litigation, leading to financial liabilities that extend beyond criminal penalties.
Fatal Accidents
If your DUI leads to a fatality, the charges will become even more severe. DUI-related deaths often result in vehicular manslaughter or, in extreme cases, second-degree murder, called "Watson DUI murder."
These charges are among the most serious charges and carry the possibility of decades in state prison. The law considers these types of DUI cases the most egregious and highlights the potentially devastating consequences of driving under the influence.
Four or More DUI Convictions Within 10 years
If you were convicted of driving under the influence of alcohol or drugs four times or more within 10 years (Vehicle Code 23550 VC), it's a felony crime. Thus, you will be ordered to serve time in state prison, and your license will be revoked. Additional enhancements might also apply.
DUI Conviction After a Prior Felony
Suppose you are convicted of driving under the influence after being convicted of a felony crime within the last 10 years. In that case, the DUI offense can be charged as a felony crime (Vehicle Code Section 23550.5 VC ), and additional enhancement penalties will apply.
Vehicle Impoundment Enhancement
The court might order to have your vehicle impounded if you are convicted of certain offenses, such as:
- Driving under the influence with a suspended or revoked license or
- Drunk driving at a speed of 100mph or greater (Vehicle Code 23592 and 23594 VC).
Underage DUI
Drivers under the legal drinking age of 21 can face a substantial sentence enhancement, including a longer license suspension. Further, underage drivers can be found guilty with any detectable amount of alcohol in their system instead of the usual .08% minimum.
What are the Defenses Against DUI Enhancements?
As discussed, DUI enhancements will impact the severity of the penalties imposed by the court. However, a California criminal defense attorney can use different strategies to keep the enhancements from being applied to your case. Depending on the aggravating factors and the circumstances, we might be able to use the following arguments.
Perhaps we can question the reliability and precision of the evidence presented, such as breathalyzer results or field sobriety tests. Perhaps we can challenge the procedures followed during the arrest and investigation for any legal or procedural errors.
Perhaps we can show that there was no intention or awareness of committing an act that warrants enhancement. Perhaps we can offer plausible explanations for behavior or circumstances that led to enhancements, such as medical conditions.
Perhaps we can identify and expose inconsistencies or contradictions in witness or police officer statements to weaken the case. Perhaps we can provide evidence of adherence to traffic and safety laws to dispute claims of aggravating factors.
Perhaps we can negotiate plea deals that exclude or reduce enhancements in exchange for admitting to lesser charges. For additional information, contact our criminal defense law firm, Cron, Israels & Stark, based in Los Angeles, CA.
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