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I got pulled over and recieved a DUI with a high BAC. I had my child in my car also. What consequences will I face?
I’m worried that my DUI in CA will be enhanced under DUI Sentencing guidelines because I was pulled over while speeding 20 miles over the speed limit, had a BAC of .16, and my 12 year old son was in the car with me. Are these grounds for enhancement of the DUI?
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Answers (1)
Absolutely. Under the California law, there are various enhancements of a misdemeanor DUI charge when at the time of DUI Sentencing.
A person who is convicted of a DUI while driving a vehicle 30 or more miles per hour above the speed limit on a freeway, or 20 or more miles per hour over the speed limit on any other street or highway in violation of the reckless driving statute will be punished with an additional term of 60 days in the county jail added consecutively to any other time given by the court.
Also, blood-alcohol level over .15 is considered as a special factor justifying the enhancement of penalties, denying probation, or imposing additional or enhanced terms or conditions of probation. In the case of having your son in the car, the court must enhance the punishment from a minimum of 48 continuous hours to a maximum 90 days in county jail, depending on the number of prior convictions, regardless of your probation status.
Other enhancement issues include fatalities or injuries as a result of your driving while intoxicated, and refusing to take any sobriety testing. You should speak with an experienced DUI attorney immediately to assess your case and find the best course of action.
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Posted by Bert Gonzalez on 21 Jan 2010