Factors That Enhance Penalties in a DUI Case

Every DUI case is unique. There are a lot of factors that can cause a DUI to be enhanced. There are certain blood alcohol levels and other factors that trigger increased penalties. With blood alcohol levels in California, the typical level is a 0.08. We typically will see an enhancement at a 0.15. We’ll see another enhancement when we get to a 0.20 level. The higher the alcohol level goes, the worse the penalties can be, and the harder we have to fight to knock those down.

Also, we look at the driving pattern in certain situations. Depending on where a person is driving, if somebody is driving in a reckless fashion or going more than 20 or 30 miles-an-hour over the speed limit, that can trigger another enhancement possibly resulting in mandatory jail time. If somebody has children in the car, that can also trigger increased penalties, as well as additional criminal charges such as child endangerment. Furthermore, if the case involves an accident, even if it is a no-injury accident, we will see increased penalties sought by the district attorney or city attorney. If we have an accident that involved serious injuries requiring a trip to the hospital, we could be looking at not just a regular misdemeanor DUI, but an increase to a felony DUI, which takes it to a whole other level.

The Benefits of Quality Legal Representation

Attorneys can’t make guarantees. We can’t say for sure in any particular case what result we are going to be able to get. In most cases, we are able to reach some sort of conclusion that is in the client’s best interest. We can’t say we win every case, but we have a lot of success in mitigating the charges. Besides being able to often get charges reduced, we have had success in getting cases dismissed. We always have the right to a jury trial. We have had a lot of success getting not-guilty verdicts or in at least hanging the jury to where they can’t reach a decision and then getting cases dismissed at that point.

In every case, there are typically things we can do that are going to help the outcome of the case. That could mean less jail time, less community labor, lower fines, or saving money in the long run. In just about every case, we are able to help achieve a better outcome that if someone were to attempt to handle it by oneself.

Mark Rosenfeld - Criminal and DUI Defence Trial Lawyers

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