California DUI Enhancements
The enhancement of a DUI penalty means the punishment is increased, such as by increasing a jail sentence, increasing the length of probation, requiring the probation be supervised rather than unsupervised, increasing the length of the DUI school. California law provides for imposing enhancements in several instances where particular facts or evidence are present in a DUI case.
The allegation may be stated in the original criminal Complaint or subsequently become know the District Attorney who may then file an Amended Complaint for the enhanced penalty to be imposed. However, if the facts or evidence become known to the prosecutor during a felony DUI Preliminary Hearing or a DUI Trial, the criminal Complaint can be amended to conform to the new facts or evidence.
The most common sentence enhancement in a DUI case is a previous DUI arrest resulting in conviction (or other qualifying offense) within ten (10) years of the new DUI arrest.
The most common sentence enhancements include:
- Refusing to submit to a chemical test
- Having one or more prior convictions
- Causing injury to another person
- Driving recklessly more than 20 MPH over the speed limit on a street or highway
- Driving recklessly more than 30 MPH over the speed limit on a freeway
- Having a child under 14 years old in the car
Often the most important accomplishment in a DUI case is to have one or more enhancements Stricken. Contact our San Francisco DUI lawyer today for skilled representation!