Drunk Driving Defense, DUI Arrest - FAQs
16. What does it mean when there is a sentence enhancement
?
The laws in California require increased consequences when certain evidence exists. A list of the more common occurrences, which must be alleged in the complaint, can be found below. The highest occurrence is a prior conviction for a DUI or like offense within ten years of this offense.
If there was any personal injury caused by the suspect (the intoxicated driver), the crime will be elevated to a felony. When a death occurs, the offenses could be manslaughter or possibly murder, when special circumstances exist.
The more common occurrences:
- The suspect was driving above 20 or 30 miles above the speed limit
- A child was present in the vehicle.
- Personal injury or property damage occurred.
- The suspect refused any chemical testing.
- The suspect's BAC (blood-alcohol concentration) was over .20%
- The suspect is under 21 years old. (
Zero tolerance
laws in the state of California usually charge the suspect with a much longer license suspension and require a lower BAC.)
