DUI Law: California Enhanced DUI Penalties
In California, as in most states, there are several categories of DUI conviction. Among these are the “Standard” DUI penalties, the “Enhanced” DUI penalties and penalties involving DUI by minors. This post deals with “Enhanced” DUI penalties. For information on the “Standard” DUI penalties check out this article titled DUI: California's (Non-Enhanced) DUI Penalties.
Enhanced DUI Penalties in California
California has instituted a statute containing several Enhanced DUI penalties when certain aggravating factors exist at the time of the DUI arrest. Factors which generally merit an Enhanced DUI penalty include (1) prior DUI convictions, (2) a high Blood Alcohol Content, (3) refusal to submit to chemical testing, (4) speeding or reckless driving, (5) child endangerment, and (6) accident or injury are involved.
Prior DUI Convictions
If you have been convicted of DUI within the previous ten (10) years, the minimum jail sentence, DUI school and license suspension are increased. If you have been convicted twice within the previous ten (10) years the penalties are increased further. Three (3) prior convictions will result in felony charges (punishable by state prison).
High Blood Alcohol Content
California imposes an enhanced sentence when your BAC is .15 percent or higher.
Refusal to Submit to Chemical Testing
Should you refuse to submit to chemical testing your jail term will be increased in addition to the administrative suspension for your refusal.
Speeding or Reckless Driving
In California you will receive an enhanced penalty when you are caught DUI and driving twenty (20) mph over the speed limit on a surface street or thirty (30) mph over the limit on a freeway.
Child Endangerment
In California you will receive an enhanced DUI penalty if you are caught DUI with an individual under the age of fourteen (14) in the car.
Accident or Injury
If you injure someone while DUI your DUI may be considered a felony.
posted by Nolelaw @ 11:19 AM
5 comments
5 Comments:
Is there anyway not to serve prison time for 4th dui?
A DUI Will Ruin Your Life Unless You Protect Your Rights by Carson Danfield
Since you're reading this, you probably either have a DUI related record or you've just been pulled over for drunk driving. Either way, you're probably frustrated, scared or maybe even a little angry with the whole situation.
The way the current laws are written, it's so easy for the average person to find themselves facing a DUI charge, and presently society makes no distinction between major and minor offenses.
Let's get one thing clear right up front - If you've been charged with a DUI because you had a drink with dinner at your favorite restaurant and a cop smelled alcohol on your breath, you probably didn't deserve to be arrested. On the other hand, if you got behind the wheel of your car and you were "falling down drunk", you deserve to be prosecuted to the fullest extent of the law.
Unfortunately, everyone is treated like a hard-core, menace to society alcoholic and your record is made to reflect that.
I've had personal friends that are cops and you'd be surprised at some of the tactics they use. For example, when pulled over, you're normally asked to produce your drivers license, car registration and proof of insurance. Most people have their registration and insurance documents stuffed in the glove compartment, along with other miscellaneous junk. When asked to produce the documents, it may take them a minute or two to sort thru everything. If the cop wants to make it hard for you, he can write in his report that when asked to produce your documents, you appeared confused and were not able to immediately produce them.
Is that a true statement? Technically yes, but because you may have expired insurance documents mixed in with the current document, so you have to sort thru them to find the right one. But the language the cop uses in his report would lead others to believe that you were so intoxicated that you didn't even know where you were. This is just a way that the cop can put his personal slant on things if he decides he doesn't like you.
The current trend is for law enforcement and the courts to 'get tough' on offenders, but at the same time they're making it much easier to end up with a DUI conviction by forcing states to lower their allowable BAC levels while encouraging police officers to cite more people for DUI.
Consequently more and more everyday 'normal people' are getting caught up in the DUI process and are now faced with the obstacle of minimizing the effects it has on personal life. And in many cases, those effects can be devastating. Imagine losing your driving privledges for an extended period of time, perhaps going to jail, paying a huge fine, performing community service, seeing your auto insurance premiums being tripled or quadrupled. On top of that, your DUI record will be available when a prospective employer runs a background check on you, so you'll probably be restricted to working low paying jobs. You may end up working at the drive-thru window at the local fast food joint. Can you say "Would you like fries with that?"
If you've had a DUI Record for some time then you already know how much damage it's done to your personal life. It's like a big red "X" on your forehead, labeling you for the rest of your life unless you do something about it. You can minimize the damage that the record has on your personal life which will enable you to move on with life rather than constantly being frustrated by this recurring problem.
Most people don't realize that you can clear your DUI record completely. Some states won't allow a formal clearing of the record for you BUT you'll still be able to keep it from showing up on background checks from every single state.
Whether you've just been arrested for DUI or you have an older DUI record, there are things you can do to improve your situation. In order to make the best of things, you should know how the DUI system works and what you can do to minimize the effects of a DUI on your life.
Visit DUI-TRIX.com now to Learn How You Can Minimize The Personal Effects of a DUI Charge
These are some harsh penalties. I know it's going to take some expert lawyering to get out of ruining your life. Thankfully, if you've made a minor mistake, there are some great San Diego dui lawyers ready to help you atone and move on.
great blog....thanks for sharing.....
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