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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