Friday, August 1, 2008

California DUI penalty enhancements

There are a number of special California DUI enhancements that will increase a defendant’s risk of receiving a stricter punishment in a California DUI misdemeanor case. The increased California DUI punishment alternatives include steeper California DUI fines, mandatory attendance in lengthy California DUI alcohol education courses, and a longer required California DUI term of incarceration in a county jail.

Refusing to Submit to a California DUI Chemical Test (VC 23577)

If a person is arrested for VC 23152, a California DUI charge, and at the time of the arrest he/she refused to submit to a chemical test, then driving privileges will be suspended for a period of 6 months as an enhancement, in addition to the usual penalties for the DUI conviction, plus one year if DMV suspends at a refusal hearing.

Excessive California DUI Blood Alcohol Content (VC 23578)

If a person is convicted of California DUI - VC 23152 with a BAC of .20% or higher, then the court is granted the ability to enhance the defendant’s sentencing. Additionally, if probation is granted, additional or enhanced terms and conditions of California DUI probation may be commenced.

Repeat California DUI Offenders: Mandatory California DUI Imprisonment (VC 23580)

If any person is convicted of a violation of California DUI - VC 23152 and the offense is a second or subsequent California DUI offense, the court shall impose a term of imprisonment in a county jail between for a minimum of 48 consecutive hours or a minimum of 10 days of local community service.

Excessive Speed: Additional California DUI Penalty (VC 23582)

Any California DUI person who drives a vehicle in excess of 30 mph over the posted speed limit on the highway, or 20 mph over the posted limit on a residential or city street, shall be punished with an additional and consecutive term of 60 days in a county jail.

On the first conviction of California DUI - VC 23582, the court shall order the driver to participate in and complete an alcohol or drug education and counseling program.

California DUI Penalties for Drivers Under 21 (VC 23502)

If a driver under the age of 21 is convicted of having a BAC above .01%, they will thereby have their driver’s license suspended for a period of 12 months.

California DUI with a Minor Passenger (VC 23572)

If the driver is convicted of a California DUI and has a child under the age of 14 in the automobile, then a number of enhanced penalties may be imposed based on a judge’s interpretation of evidence involved in the California DUI. Mandatory California DUI jail time is regulated between 48 hours and 90 days.