Any person arrested in the Los Angeles for DUI, also faces the possibility of “enhanced” penalties. Referred to as DUI Enhancement Laws, these enhancements increase the sentence for someone who is convicted of a DUI under California DUI law. Our experienced Los Angeles DUI Lawyers will work to prevent imposition of any of these enhancements as the application of even one of these enhancements can substantially increase a potential jail or state prison sentence. The application of any of these enhancements can also significantly impact other penalties under California DUI law.
A summary of relevant DUI Enhancement Laws includes the following:
Minor Passenger in Car [Vehicle Code Section 23572]: A driver who is convicted of DUI where a passenger in the vehicle was under the age of 14 at the time of the DUI arrest is subject to an additional 48 hours in jail for a 1st DUI offense; 10 days for a 2nd DUI offense; 30 days for a 3rd DUI offense; and 90 days for a 4th DUI offense.
Refusal to Submit to Chemical Testing [Vehicle Code Section 23577]: If a driver is convicted of DUI under Vehicle Code Section 23152, the person’s sentence will be increased by 48 continuous hours in county jail on a 1st offense if the driver refused a chemical test at the time of arrest. On a second offense of refusing a chemical test upon a DUI conviction, a person will receive 96 additional hours jail time and a two year license revocation. The additional jail time and length of license revocation increases with subsequent convictions.
Prior DUI Convictions [Vehicle Code Section 23580]: The maximum jail sentence for a 2nd or 3rd DUI conviction is one year in county jail while the maximum jail sentence for a 4th conviction is 3 years in state prison. A person with four or more DUI convictions within 10 years can suffer a felony conviction. For more details regarding sentencing and penalties for repeat DUI convictions, you should contact experienced San Francisco Bay Area DUI defense attorneys Ahmed and Sukaram, Attorneys at Law.
Reckless Driving and Excessive Speed [Vehicle Code Section 23582]: Where a driver convicted of DUI exceeds the speed limit by 30 miles per hour on highways or 20 miles per hour on a street and also is driving recklessly, the driver will be sentenced to an additional and consecutive 60 days in county jail.
Excessive Blood Alcohol Content (BAC) [Vehicle Code Section 23578]: A person with a blood alcohol concentration (BAC) of 0.15% is subject to increased DUI penalties and/or denial of probation under California DUI law.
Inflicting Bodily Injury on Another [Vehicle Code Section 23558]: A DUI conviction involving injury to another person or multiple victims can lead to an increased sentence of one year for each additional victim up to a maximum of 3 additional years.
DUI Enhancement Following a Prior Felony [Vehicle Code Section 23550.5]: A DUI may be charged as a felony if the accused has been convicted of a felony within the last 10 years and additional enhancement penalties will apply.
Enhancement penalties are also applicable if a person is convicted of a DUI under California DUI law when driving in a construction or safety enhancement zone. The application of one or more of these enhancements can have a significant impact on a DUI case and result in a sentence and other penalties that are much harsher than a standard DUI conviction.
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