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.

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Reader’s Question:

My son was arrested for DUI in California for the 2nd time and I am determined to do anything to keep him out of jail. My main concern is the fees for legal representation. How much does it cost to get a lawyer who would defend my son?

Christine

Oakland, CA

The cost of a DUI lawyer in California will differ much between the amount of experience, the reputation, and the location of their practice. It is usually true that the more experienced and bigger the city is, the higher the costs of the lawyer.

The fees range from $500 to $15,000 or more, of course, all depending on the details of the lawyer and the case. If a lawyer is located in a smaller, less populated community, the charge could be $500 to $1000. Generally, an experienced DUI lawyer in California with a good reputation charges $5000 to $8000. Although this fee does include the DMV license hearing.

The overall fee also varies by few other factors such as:

  • Expenses like service of subpoenas, independent blood analysis, expert witness fees, and other such evidence might be extra.
  • Administrative license suspension procedures can also be included as extra fees.
  • If the offense is a felony or simply a misdemeanor can affect the charges.
  • If your son has been allegedly convicted of previous crimes, the additional procedures involved in taking care of these charges may have extra fees.

The lawyer may request a retainer in advance or or just charge a fixed fee, which includes all expenses. You may ask for a written agreement that will document all fees. It is very significant that you follow all of the terms the lawyer requests of you before you make any decisions.

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Everything in California is expensive, so a San Diego CA DUI attorney can often make you faint just by pulling out the fee agreement. You could buy a house with that kind of money, you might think, and then resign yourself to being convicted to the full extent of the law because you’ll be representing yourself. Stop thinking that way. Federal requirements for representation apply for DUIs as well, and so if you have a felony, and even a lot of the time if you just have a misdemeanor, conviction that you are up against you will be provided with a lawyer by the state.

Lawyers who work for the state are typically seen as no nothings, and while I’m not going to deny that this term describes very well many public lawyers, it goes the same for private lawyers. Some public lawyers are bad at what they do, as are some private lawyers. The vast majority of public lawyers, though, excel.

Since being a public lawyer isn’t exactly going to get you as much money as being a private lawyer does, most such lawyers practice law for pay on the side, and often they retired into the public system after years of practicing law on their own.

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