Thursday, February 10, 2011

California Vehicle Code Section 23578 (.15% BAC DUI enhancement allegation) / 23538 - 9 month program if .20% BAC

California Vehicle Code Section 23578 (.15% BAC DUI enhancement allegation):

In addition to any other provision of this code, if a person is convicted of a violation of Section 23152 or 23153, the court shall consider a concentration of alcohol in the person's blood of 0.15 percent or more, by weight, or the refusal of the person to take a chemical test, as a special factor that may justify enhancing the penalties in sentencing, in determining whether to grant probation, and, if probation is granted, in determining additional or enhanced terms and conditions of probation.

Additional DUI terms or conditions may also include but are not limited to:

Jail, Trash Detail, Vehicle Impound, 6 month license suspension from a DUI conviction, Public Work Program, Community Service, Ignition Interlock Device, higher DUI fine, Volunteer Work and a 9 month alcohol program.

California Vehicle Code § 23538(b)2) The court shall refer a first offender whose blood-alcohol concentration was 0.20 percent (.20%) or more, by weight, or who refused to take a chemical test, to participate for at least nine (9) months or longer, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.

A top DUI lawyer or Drunk Driving attorney in California can avoid most of these additional or enhanced terms.