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CALIFORNIA DUI ENHANCEMENT PENALTIES

The DUI Firm of Amaya & Associates, is a team of DUI attorneys that understand California Enhancement Laws and have successfully defended hundreds of clients. Enhancement penalties will significantly add jail or prison time if convicted of a DUI. It is important that your case is thoroughly evaluated by a DUI defense lawyer that is familiar with the challenges you are facing today. Call our office for a free consultation. A Sacramento DUI attorney will evaluate your case and provide you with options.

DUI CAUSING BODILY INJURY TO ANOTHER

California Vehicle Code 23558:
DUI with Bodily Injury inflicted on another person
Additional Penalty for Bodily Injury or Death while DUI: An EXTRA year in the state prison for each victim harmed in any one DUI related incident. The maximum number of victim one year add on sentences that may be attached under this section are three total.

2ND OR SUBSEQUENT DUI’S

California Vehicle Code 23580:
Multiple DUI's: 2nd or Subsequent Violation Involving Drugs and/or Alcohol

a) An ADDITIONAL 48 hour sentence confined to County Jail for a subsequent DUI violation, in addition to standard DUI penalties.

RECKLESS DRIVING OR EXCESSIVE SPEEDING

California Vehicle Code 23103:
Reckless Driving; Speeding at a rate of 20 mph or more over the speed limit on a street or roadway, or speeding at a rate of 30 mph or more on a freeway or interstate, while under the influence of alcohol and/or drugs.
Additional Penalty for DUI with Reckless Driving: The court shall sentence the defendant to an EXTRA 60 days of incarceration for DUI in addition to the standard punishment for DUI or DUI Causing Bodily Injury to Another. This is a mandatory minimum sentence that cannot be stayed in lieu of probation. If probation is granted, the judge must require the defendant be confined to 60 consecutive days in addition to a grant of probation and other applicable penalties.

REFUSAL TO SUBMIT TO A CHEMICAL TEST

California Vehicle Code 23577:
Additional DUI Penalties for a BAC Test Refusal (panalties in addition to standard DUI)
First DUI Offense: 1 Year Drivers License Suspension and 48 Hours of Jail
Second DUI Offense: 2 Year Drivers License Suspension and 96 Hours of Jail
Third DUI Offense: 3 Year Drivers License Suspension and 10 Days of Jail

VEHICLE IMPOUNDMET

California Vehicle Code 23592:
First DUI Offense: The court may order the vehicle impounded for up to 6 months for the below offenses.
Second DUI Offense: The court may order the impoundment for up to 12 months for a 2nd conviction on any of the violations listed below:

1) Driving on a suspended or revoked license
2) Evading a police officer while driving recklessly and resulting in an accident, or
3) Evading a police officer resulting in a fatality

If either violation occurred within 7 years of any of the following:

A. Dry reckless driving offense at 100 mph or more
B. Driving under the influence conviction
C. DUI Causing Bodily Injury to Another
D. Gross Negligence
E. Vehicular Manslaughter

Vehicle Storage Costs: A lien will be placed on impounded vehicle to cover expenses

DUI WITH PRIOR FELONY CONVICTION WITHIN 10 YEARS

California Vehicle Code 23550.5:
Additional Penalty for DUI within 10 years of a prior felony conviction:
Incarceration: Up to 1 year confined in County jail
Fine: At least $390 & up to $1000
If the current DUI offense occurred within 10 years of any of the following:

a) A prior DUI offense punished as a felony for Multiple DUI's
b) A prior DUI causing bodily injury to another that was punished as a felony
c) Vehicular Manslaughter punished as a felony

Any person punishable under this section shall be identified as an habitual traffic offender for a 3 year period

DUI WITH A BAC OF .20 OR ABOVE

California Vehicle Code 23578:
Additional Penalty for DUI with BAC of .20% or above: A determining factor in whether to grant probation.
Additional Enhancements: Mandatory AB-762 six month alcohol school

DUI WITH A MINOR PASSENGER UNDER THE AGE OF 14

California Vehicle Code 23572:

a) An ADDITIONAL 48 hour sentence confined to County Jail for a first offense DUI with minor passenger in car, in addition to standard DUI penalties.
b) An ADDITIONAL 10 day sentence confined to County Jail for a second offense DUI with minor passenger in car, in addition to standard DUI penalties.
c) An ADDITIONAL 30 day sentence confined to County Jail for a third offense DUI with minor passenger in car, in addition to standard DUI penalties.
d) An ADDITIONAL 90 day sentence confined to County Jail for a fourth offense DUI with minor passenger in car, in addition to standard DUI penalties.

DUI IN A MAINTENANCE OR CONSTRUCTION ZONE

California Vehicle Code 42009:
Additional Penalty for DUI in a Construction or Maintenance Zone:
Fine: Automatically doubled when any of the following violations are committed:

FOURTH OR SUBSEQUENT DUI

California Vehicle Code 23550:
A person convicted of driving under the influence of alcohol or drugs 4 times or more within a 10 year period shall be convicted of a felony crime. The individual will be ordered to serve in state prison and license will be revoked.
Additional enhancements applicable.

CALL US FOR A FREE CASE EVALUATION

If you or someone you love is facing drunk driving charges in Sacramento or Sacramento County, you should call Amaya & Associates today for a free evaluation of your case. A DUI attorney will help you deal with the complexities of Drunk Driving Law. During these stressful times you need a DUI lawyer that will work on you case immediately and provide you with the best DUI defense.