Not all DUI charges are the same. If you are charged with DUI, enhancements could add more punishment to your sentence depending on the circumstances of your case.
Under these circumstances, the law provides for additional and harsher sentencing or a separate crime added on top of the underlying crime. These enhancements are also sometimes referred to as aggravating factors. Some of these factors include:
- Prior DUI convictions
- Refusing to provide a blood or breath sample
- Reckless driving or speeding
- There was a child in your car when you were arrested for DUI
- You are under the age of 21; OR
- Your DUI caused an accident or injury
If you are convicted of DUI with an enhancement, you could face more time in jail, a longer suspension of your driver’s license and a requirement to attend more DUI classes. The exact punishment you face will depend on the enhancements added to your charge.
If you fail to submit to or complete a chemical test, you will automatically have your license suspended for one year. If you have been convicted of a prior DUI or another driving offense that resulted in a license suspension, your license will be revoked for two or three years.1
In addition, instead of the standard three-month DUI program, you may be required to complete a six, nine or one-year course.
DUI Causing Injury
DUI with injury is a wobbler, meaning you could be charged with a misdemeanor or felony for this crime. If charged as a misdemeanor, you face a one-year suspension of your driver’s license. If charged with a felony, you face up to three years in county jail, $5,000 in fines and your license may be suspended for up to three years.
Hit and Run Enhancements
If, while driving under the influence, you caused property damage or injury to another and failed to report the incident, you may also be charged with a separate crime of hit and run under California Vehicle Code Section 20002.
The enhanced penalties you face depend on whether you’ve caused injury or not because the crime of hit and run is also a wobbler.
If you caused injury, you will likely face up to six months in county jail and an additional $1,000 fine. However, the penalties can be significantly worse if you caused serious injury or death.
Call a Skilled DUI Defense Attorney at Wallin & Klarich
If you or a loved one is facing DUI charges, you need to contact an experienced Wallin & Klarich DUI defense attorney immediately. At Wallin & Klarich, our skilled attorneys have been successfully defending clients accused of DUI for over 30 years. We will meet with you immediately to review the facts of your case, and plan a defense strategy that will help you get the best outcome possible.
With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich DUI lawyer available to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.
1. http://www.courts.ca.gov/partners/documents/calcrim_2016_edition.pdf href=”#ref1″>↩