DUI Enhancements in California

Driving under the influence (DUI) in California is a serious offense, and the state has implemented stringent laws to address it. The penalties for a DUI offense can become even more significant when certain "enhancements" are involved.

A DUI enhancement is an additional penalty that is based on aggravating circumstances.

DUI enhancements are additional aggravating factors that enable or require judges to impose more severe penalties in addition to the DUI itself.

Simply put, a DUI enhancement in California is an additional penalty for a DUI conviction based on aggravating circumstances.

These aggravating circumstances can include speeding over 20 mph over the speed limit on a city street or 30 mph over the speed limit on a highway while driving under the influence.

Other aggravating factors include having a child in the car while driving under the influence (child endangerment) and having a DUI or related conviction within the last ten years.

Let's break it down. A 'sentence enhancement' is like an extra penalty for a crime that's added on top of the usual penalty under certain circumstances.

You will know if you are facing the possibility of a sentence enhancement because it must be in the original complaint filed by the district attorney. It cannot be added on later during sentencing.

If new evidence or facts become known after the original complaint is filed, the DA could file an amended complaint to request an enhanced penalty.

Notably, one of the most important DUI sentence enhancements relates to prior convictions. California's DUI penalty system relies on the theory that repeat DUI offenders should get harsher penalties than first-time DUI offenders.

Possible penalties for a DUI enhancement include a longer jail time or prison sentence, a longer driver's license suspension or revocation, a longer probation period, increased fines, assessments, and fees, mandatory installation of an ignition interlock device (IID), additional community service, and longer DUI school or alcohol and drug treatment programs.

Speeding and Reckless Driving (VC 23582)

One of the most common DUI enhancements in California is for speeding and reckless driving. Under California Vehicle Code Section 23582, if a person is driving under the influence and is found to be speeding 20 miles per hour or more over the speed limit on a surface street or 30 miles per hour over the limit on a highway while also driving recklessly, they may face an enhanced sentence.

When this enhancement applies, you may be subject to the following consequences:

Mandatory Jail Time: In addition to the standard penalties for a DUI, an additional 60 days of jail time may be added to the sentence for the DUI offense.
Increased Fines and Penalties: The court may also impose higher fines and other penalties, such as a longer DUI education program or extended probation.

It's important to note that this enhancement requires proof of both speeding and reckless driving. The prosecution must demonstrate that you not only exceeded the speed limit by the specified amounts but also drove in a manner that could be deemed reckless, such as weaving in and out of traffic or making unsafe lane changes.

Prior Convictions

Having prior DUI convictions is another significant factor that can lead to sentencing enhancements. In California, the state looks back over ten years when considering prior offenses.

If you have previous DUI convictions within this timeframe, each subsequent offense is treated more harshly. For a second DUI, you can expect increased fines, a longer mandatory alcohol education program, and a potential jail sentence. With each additional prior, the penalties continue to escalate.

Driving with a Minor Under Age 14 in the Vehicle (VC 23572)

Driving under the influence with a minor under 14 years old in the vehicle suggests a heightened level of irresponsibility and endangerment. When this happens, the law imposes additional penalties that may include longer jail terms and higher fines under Vehicle Code 23572 VC. In this situation:

A mandatory 48-hour jail sentence is added for a first DUI offense,
Ten days for a second offense,
30 days for a third offense, and
90 days for a fourth or subsequent offense when a minor is present.

Furthermore, you may face separate charges of child endangerment under Penal Code 273a PC, which carry their own set of legal challenges and consequences.

Causing an Accident or Injury

If a DUI results in an accident or injury, the consequences are even more severe. California law is particularly strict when it comes to DUI offenses that cause harm to others. In such cases, the charges can escalate from a misdemeanor to a felony, especially if serious bodily injury occurs.

This shift can result in much harsher penalties, including extended prison sentences and substantial fines. Furthermore, victims may pursue civil litigation, leading to financial liabilities that extend beyond criminal penalties.

Fatal Accidents

In the unfortunate event that a DUI leads to a fatality, the charges become even more dire. DUI-related deaths often result in charges of vehicular manslaughter or, in extreme cases, second-degree murder, called a "Watson DUI murder."

These are among the most serious charges one can face, carrying the possibility of decades in prison. The law treats these cases with utmost seriousness to underscore the devastating consequences of driving under the influence.

Other DUI Sentencing Enhancements

In California, other circumstances can lead to additional penalties, such as the following:

Refusal to submit to chemical testing (VC 23612). California has a doctrine of "implied consent." That means that you agreed to a blood or breath test in advance when you acquired your driver's license. If you refused to allow such a test after you were arrested for DUI, you face a longer administrative license suspension and increased jail time.
High blood alcohol concentration (VC 23578). Driving with any alcohol level over .08% is illegal, but if BAC is very high, you're considered a greater risk and sentenced more harshly. This threshold is typically .15% or higher.
Reckless driving (VC 23103). This involves any dangerous or careless behavior on the road, such as swinging into oncoming traffic or running up onto the sidewalk.
Underage DUI. Drivers under the legal drinking age of 21 face a substantial sentence enhancement, including much longer license suspension. They can also be found guilty with any detectable amount of alcohol in their system instead of the usual .08% minimum.

What are the Common Defenses Against DUI Enhancements?

While DUI enhancements can definitely impact the severity of the penalties imposed, a skilled California criminal defense attorney can still employ several defense strategies to try and keep the enhancements from being applied. Depending on the specific aggravating factors and the circumstances, your attorney may do one or more of the following:

Challenge the Accuracy of Evidence: Question the reliability and precision of the evidence presented, such as breathalyzer results or field sobriety tests, to undermine the basis for enhancements.
Examine Law Enforcement Procedures: Scrutinize the procedures followed during the arrest and investigation for any legal or procedural errors that could invalidate the enhancement.
Argue Lack of Intent or Knowledge: Demonstrate that there was no intention or awareness of committing an act that warrants enhancement, potentially reducing the severity of charges.
Present Alternative Explanations: Offer plausible explanations for behavior or circumstances that led to enhancements, such as medical conditions or environmental factors, to mitigate their impact.
Highlight Inconsistencies in Testimony: Identify and expose inconsistencies or contradictions in witness or police officer statements to weaken the case for enhancements.
Demonstrate Compliance with Laws: Provide evidence of adherence to traffic and safety laws to dispute claims of aggravating factors that justify enhancements.
Negotiate Plea Agreements: Work with legal counsel to negotiate plea deals that exclude or reduce enhancements in exchange for admitting to lesser charges.

For additional information, contact our criminal defense law firm, Eisner Gorin LLP, based in Los Angeles, CA.

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