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?
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?
Protect Yourself. Talk to a Lawyer About Your Case
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
Related Ads
Question:
This article is provided for informational purposes only. If you need legal advice or representation,
click here to have an attorney review your case .
click here to have an attorney review your case .
Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
The content of this website is provided for informational purposes only, and should not be construed as legal advice. Always consult with an attorney regarding any legal issues. If you live in Alabama, Florida, Missouri, New York or Wyoming, please click here for additional information.
Recent Articles | Terms and Conditions | Privacy Policy | Site Map Copyright © 2012 ExpertHub.com. All rights reserved.
LA-WS4:0.9.17.120126.12696+
Answer: (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.
References:
Posted by Bert Gonzalez on 21 Jan 2010