DUI “ENHANCEMENTS” EXPLAINED

Posted on: November 23, 2015 by in DUI
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Orange County DUI lawyerCalifornia Vehicle Codes 23152(a) and 23152(b)

One of the many ways that California lawmakers combat impaired driving is by finding ways to increase DUI sentences. For example, if you are stopped for DUI while you are driving recklessly, or if you are stopped while you have a passenger age 14 or younger in your vehicle, the sentence for a DUI conviction may be extended or “enhanced.” An enhancement penalty usually means sixty or more additional days behind bars. If it’s your second or third DUI conviction in California, the “enhancement” can last even longer. Thus, if you are charged with DUI in Orange County, it’s imperative to fight the charge and to retain the advice and services of an experienced Orange County DUI lawyer immediately.

Speeding alone does not rise to the level required to establish a DUI enhancement. The state must prove that you were driving recklessly while you were intoxicated, that is, over 20 mph over the limit on surface streets or more than 30 mph over the limit on highways. California law defines reckless driving as driving with a “willful or wanton disregard for the safety of persons or property,” and that is often quite difficult for a prosecutor to prove. If you are stopped for driving under the influence with a child or children age 14 or younger as your passenger or passengers, a child endangerment enhancement will be attached to the charge against you.

Whether or not enhancements are attached, if you are charged with driving under the influence in southern California under California Vehicle Codes 23152(a) and 23152(b) – now or in the future – call an experienced Orange County DUI lawyer immediately. When the charge is DUI, it’s imperative to have experienced counsel. An experienced DUI lawyer can contest DUI test results, challenge the testimony of the police, and fight hard for the justice you need and deserve. After any arrest for driving under the influence in southern California, make the call as quickly as possible.

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