DUI enhancement laws can apply if you are convicted of driving under the influence, and the alcohol concentration in your blood during arrest was at least 0.15%. Driving with an excessively high blood alcohol concentration (BAC) or refusing to submit to a DUI test can attract enhanced penalties. The judge has the legal authority to increase your penalties by imposing extended DUI school programs, enhanced incarceration, and IID installation. Under the California implied consent law, every driver with a California driver's license must submit to DUI chemical tests. You will not face enhanced penalties if you refuse to submit to a preliminary alcohol screening (PAS) test or field sobriety tests (FSTs), but DUI chemical tests are mandatory. If you face charges for excessively high BAC or refusing to undergo a DUI test, you should seek the services of a skilled DUI attorney. An attorney can help you fight your charges and avoid enhanced penalties.
Aggravated DUI or DUI Over 0.15%
Drunk driving crimes are classified based on impairment level and the risk of causing an accident or injuries. A motorist can easily cause an accident if he/she is highly impaired by alcohol or drugs. It is a crime under VC 23152(b) for you to drive a car with a BAC of 0.08% or more.
The legislature adopted VC 23578 in 2006, outlining the potential sentence enhancements for people driving cars with an illegal BAC of at least 0.15%. An extremely high BAC will aggravate your case. If this happens, the court can impose severe penalties apart from those for the standard DUI. When determining the penalties, the judge will consider if the motorist underwent chemical testing and determine if the results were 0.15%. The judge can impose harsher penalties if a motorist refuses to submit a blood or urine sample for testing.
During sentencing, the judge will consider the mitigating and aggravating factors in the case to impose a sentence enhancement. In this situation, you should hire a skilled DUI attorney to help you present the mitigating defense. Mitigating evidence can help you secure a favorable ruling.
The prosecutor must assess the police report and other vital evidence before filing charges against you. A crucial part that prosecutors consider is your BAC level during the arrest. You will face formal criminal charges if the BAC results are at least 0.15%. The BAC results of 0.15% are considered risky to motorists, pedestrians, cyclists, and others. When a motorist is intoxicated with an extremely high BAC, he/she will be almost twice the allowable limit. In this situation, a motorist cannot behave soberly the way an ordinary driver would under the same situation. You can face a sentence enhancement under VC 23578 if your BAC is 0.15% or higher
During your arrest, officers may determine your BAC using a breath, blood, or urine test. If you decide to undergo a breathalyzer test, the police will use breathalyzer equipment to establish the concentration of alcohol in your blood, and the outcome is immediate. Blood tests take longer to get the results because the samples are often sent to government labs for analysis. The testing officer will document the outcome from the laboratory in the police report before taking the file and evidence to the prosecutor to file the charges.
Your metabolism, weight, age, and gender can determine the level of your impairment. You increase the possibility of causing an accident if you consume more alcohol. Your judgment on the road, information processing, and concentration can be severely impaired if your BAC exceeds 0.15%. In this situation, your reaction time will be slow, and this high level of impairment significantly increases the risk of causing fatal accidents. The legislature enacted VC 23578 sentence enhancements because of the severe losses caused by aggravating DUI.
Penalties For High BAC or Test Refusal
It is a serious offense for you to drink and drive with a BAC of 0.08%. This crime can attract severe punishments upon conviction. An illegal blood alcohol level of 0.15% will aggravate your DUI case, leading to enhanced penalties under VC 23578. Some of the penalties can include:
IID Installation
The court can order you to install an IID in your car if you are guilty of driving a car with a BAC of 0.15% or over. An IID is a breath testing tool installed on your car's dashboard and tests your BAC the moment you enter your car to drive. In this case, you must blow the device when you enter the car and start the engine. The car engine will not start if it detects alcohol in your breath or if you fail to provide a sample for testing.
If the judge instructs you, you should look for a professional to install an IID in your car. However, installing and maintaining an IID in your car is costly, especially if you have several cars. It can be inconvenient, as some IIDs require periodic breath samples while driving, typically every 45 minutes.
Suspension Of The Driver’s License
The DMV will automatically withdraw or suspend your driver’s license if you are arrested for drinking and driving with a BAC of 0.15%. The jury cannot increase the suspension period because of the high BAC. Nevertheless, your driving privileges will only be restored if you complete alcohol or drug education. You can qualify for a conditional or restricted license if the judge orders you to enroll in an alcohol or drug education program. In this situation, you can visit restricted areas during the suspension period.
Operating a car on a withdrawn driver’s license could be tempting if your driver’s license is suspended and you have no restricted license. However tempting, you should not try this because you risk facing additional criminal charges. It is a crime under VC 14601 for you to drive a car on a suspended driver’s license. A conviction for this offense can attract a jail term and a hefty court fine. However, the severity of your penalties will depend on the DMV’s primary reason for the suspension of your license.
You can avoid a conviction despite the detrimental punishment imposed for operating a vehicle on a suspended driver’s license. In this case, your DUI attorney can claim you were unaware of the suspension.
Mandatory DUI School
You will be required to attend at least six months of AB762 or nine months of AB1353 classes if you are convicted of drinking and driving. This will happen if your violation falls under VC 23578 and your BAC is 0.15% or above. The judge can order you to attend these classes instead of serving a jail term. You can also face the following additional conditions while attending the classes:
- Community service
- A victim impact panel or a morgue and hospital program to help you understand the adverse effects of drunk driving
You can be ordered to attend AB 541 DUI school for three months if you are a first-time DUI offender and your BAC was 0.20% at the time of your arrest. Your drunk or drugged driving classes will involve 30 hours of instruction.
You will attend the class depending on the person offering the education. It is mandatory to complete the program as instructed if the jury imposes a mandatory DUI school on you. The court will order you to provide the evidence of admission to the program as set in this sentence. You are typically required to present proof of enrollment in DUI school promptly, often within a few weeks, depending on local court policies. Fortunately, after you sign up, the program provider will immediately provide the DMV and the court with the enrollment evidence.
The education program will take a certain period, after which you must present a completion certificate in court. Your program provider will also send copies to the court and DMV, notifying them that you have completed your classes. The judge can dismiss the charges against you upon receiving the notice. However, the court can cancel the school program and sentence you to the original DUI jail sentence if you fail to complete or refuse to enroll.
Court Monetary Fines And A Jail Term
The judge can impose a fine of $390 to $1000 if it is your first or second drunk driving charge in ten years. Your fine will be based on the nature of your count. The third offense will attract a fine enhancement that does not exceed $1800. The court fine will also be determined by the type of defense your attorney presents.
You can face a jail term that does not exceed six months if you are a first-time offender. A second crime can attract a jail term that does not exceed one year.
Alternative Sentencing
The judge may consider alternative sentencing if your attorney successfully challenges the prosecution’s evidence. In this case, you can face a house arrest. The court can also send you to a sober place for some time. You can also be ordered to engage in community service.
Other DUI Sentence Enhancement Causes
You can face aggravated drinking and driving charges if you have an unlawful BAC above 0.15% in your blood. However, having a high BAC is not the only reason why you will face a DUI sentence enhancement. The following are other reasons why you can face a DUI penalty enhancement:
Reckless Driving
You can face a DUI penalty enhancement if you are guilty of engaging in reckless driving or speeding with a blood alcohol content of 0.08% or more. The court can impose enhanced penalties if you drive 20 miles per hour above the designated limit on residential streets. You can also face enhanced DUI penalties if you drive 30 miles per hour over the designated limit on a highway or freeway. The court can impose an additional sentence of 60 days for endangering yourself, property, and others while speeding or driving recklessly.
DUI Hit And Run
Some motorists do run away from the scene after causing an accident. The justice system in California often takes hit-and-run cases very seriously. One incident can earn you four points on your record. Two points will be for the drinking and driving charge, and the other two for escaping from the scene without reporting to the police. You can face an enhanced jail term of six months for accumulating the four points.
Driving While On Probation
You can face a penalty enhancement for an aggravated DUI if you were on probation when a DUI arrest occurred. Violating probation conditions can attract a sentence increment even if you have a BAC below the designated limit of 0.08%. In this case, the prosecutor can file DUI charges and additional charges for violating probation conditions. This offense can attract a jail term and a driver’s license suspension.
Failure To Submit To Chemical Testing
You give ‘’implied consent’’ to chemical testing once the DMV issues you a driver’s license. In this case, you must yield to the order any time the police want to carry out the tests after suspecting you were drinking and driving. Some motorists refuse to undergo testing, and the police honor the refusal. However, you risk a penalty enhancement if you are convicted. This can attract a mandatory jail term of 48 hours and enrollment in an alcohol education program for nine months. The DMV can also suspend your driver’s license for a period that does not exceed one year.
Child Endangerment In A DUI
It is a crime to drive while intoxicated with a passenger 14 or younger in the car. You can face an extra jail term of two to 90 days on top of your sentence for the standard drinking and driving.
Find A Dependable DUI Attorney Near Me
DUI is a serious offense under California law that can have detrimental consequences. The consequences could be more severe if you drive with an excessively high BAC of at least 0.15% or you refuse to submit to a DUI chemical test. If you or your loved one faces aggravated DUI charges, time is of the essence. You should contact a DUI attorney to help you create a defense to fight your charges.
At Jonathan Franklin DUI Attorney, we have competent DUI attorneys who can help you create a solid defense to fight against your charges in Los Angeles. Contact us at 323-464-6700 to speak to one of our attorneys.
