Free DUI Lawyer In California

Reader’s Question:

My teenage daughter has been charged with DUI here in California and this is actually already her second arrest. The first charges were actually dropped but we know that it’s not always gonna be the case. If she gets convicted, what are the possible penalties that she could have?

Izza

Anaheim, CA

The penalties for minors (under the age of 21) who are convicted for DUI are stiffer. The State of California strictly implements its zero tolerance law wherein a blood alcohol content (BAC) of 0.01% for a minor would get him/her arrested for DUI. Because of your daughter’s DUI in California, if she gets convicted, her driver’s license would be suspended for a period of one year and this would be before the court penalties would be imposed upon conviction, but she could get a temporary license for 30 days. She is entitled to request for a hearing at the Department of Motor Vehicles (DMV) to see if the evidence would confirm that her BAC has been at least 0.01% at the time of driving.

Since this would still be considered as her first DUI if she gets convicted, she would have a mandatory alcohol education that would be ordered by the court. If she gets enrolled with the program, she could apply for a restricted license that would allow her to drive to and from work and to and from her DUI program classes.

Reader’s Question:

My cousin is in trial now because of a DUI charge in San Diego, California. He has been charged with this before and he mentioned something like a sentence enhancement which he said he was afraid of. He was not able to explain clearly what it is. Could you tell me what does it mean when there is a sentence enhancement?

Mark

San Diego, CA

The laws in the state of California require increased consequences when certain evidence exists. A list of more common cases, which must be alleged in the complaint, is found below.The highest occurrence is a prior conviction for a DUI within 10 years.

If there was any personal injury caused by the driver, the crime will be elevated to a felony. If a death occurs, the offenses could possibly be murder or manslaughter, when special circumstances exist.

The more common cases are as follows:

• The motorist was driving above 20 or 30 miles above the speed limit
• A child was present in the car or vehicle.
• There was a personal injury or property damage.
• The driver refused any chemical testing.
• The driver’s BAC (blood-alcohol concentration) was over .20%
• The driver 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.)

I hope I was able to make clear to you what sentence enhancement is.