Thursday, July 7, 2011

If .15% BAC or Refusal in California DUI case, watch out for this enhancement, attorneys warn

California Vehicle Code Section 23578 provides:

"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 condition of probation."