Dui Charge

Factors That Can Enhance a DUI Charge in California Author: San Diego Web Studio One thing you should know about a DUI arrest is that every DUI case is different, each with their own unique circumstances.  When it comes to deciding the penalties for a DUI charge, the judge and/or looks at man...





Todd Palin DUI Charge in '86 (plus photo exclusive to FreeRepublic)

Factors That Can Enhance a DUI Charge in California

Author: San Diego Web Studio

One thing you should know about a DUI arrest is that every DUI case is different, each with their own unique circumstances.  When it comes to deciding the penalties for a DUI charge, the judge and/or looks at many factors.  There are certain factors, however, that can enhance a DUI charge in California including:

  • Having minors in the vehicle with you at the time of arrest
  • Being under the legal drinking age (The legal age is 21 in most states.)
  • Any prior DUI charges
  • Causing an accident, injury, or death to other people
  • Having a BAC (blood alcohol content) of .20% greater than the legal limit
  • Speeding or reckless driving

In the state of California enhancements are usually added on when the charges are initially filed, but they can be added at a later time if the case is still pending and the enhancements won't threaten the driver's right to a fair trial. These additional allegations must be proven beyond a reasonable doubt or the sentence cannot be enhanced.  If you are found to be guilty of these additional allegations, you can probably see higher fines, longer jail sentence, longer mandatory DUI education, longer driver's license suspension, and a more restrictive probation.

If you have been arrested for drunk driving and your case includes any one of the circumstances mentioned above, it may be beneficial to hire an experienced California DUI defense lawyer who specializes in DUI cases.  A lawyer can investigate your case and make sure that your right to a fair trial is upheld in court.

Article Source: http://www.articlesbase.com/national-state-local-articles/factors-that-can-enhance-a-dui-charge-in-california-1134736.html

About the Author

San Diego Web Studio provides web design, search engine optimization, and internet marketing services for businesses.


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10 Responses to “Dui Charge”

  1. mike t says:

    dui charge?
    can someone try and convict someone of a DUI charge if there was no cop or evidence that the driver had been drinking

  2. skip says:

    Yes, they can try, but without evidence it will be a hard sell for the jury. In any case, the issue is not whether the accused had been drinking but whether the driver was under the influence of a substance which impairs driving. That could be as simple as too much cough syrup.

  3. Christopher H G says:

    Every state is different, believe it or not. Often it is considered “involuntary manslaughter” if there is death…”reckless endangerment” if not…

    it is not necessarily mandatory, but its tough to get away from…

  4. fam11 says:

    DUI charge…?
    A MAN RUNS OVER 2 PEOPLE.
    HE WAS GIVEN A DUI.
    IS IT MANDATORY JAIL TIME IF THE AMBULANCE WAS CALLED?
    & ITS SERIOUS INJURIES?
    ALL I REALLY WANT TO KNOW IS IF ITS MANDATORY THAT HE GOES TO PRISON AND IF SO, HOW LONG?
    HE HAS DUI’S UNDER HIS BELT.

  5. michael says:

    What will happen if I am on my dads insurance and I get a second dui charge?
    I did get a second dui charge, will my dad have to pay more money or will I just get taken off. I dont want to cause my dad any problems with this offense. Please let me know.

  6. Spicey says:

    My daughter didn’t have any dui’s, but I had 2 cars and she was listed as principal driver of car 2, and she had some other minor violations. I had to take her off of my insurance all together or my rates would have increased, and I have had an almost perfect driving record my whole life. Really, you never should have gotten behind the wheel the first time, you did it a second time, and you shouldn’t be allowed on the roads. It’s not about your money, your daddy’s money, or what you want to drink. It’s about people’s lives. Hope you don’t live anywhere near MY area.

  7. to0fly4u says:

    Can a minor DUI charge ever be taken off your record?
    I got charged with a minor dui charge (in texas). I am not 21 yet but will be this summer. Is there any way to get rid of a minor dui charge on my record? I want to be able to get jobs without getting turned down for something like that
    I said I was charged with a dui, not that i was actually intoxicated. I don’t think drunk drivers should be on the roads either.

  8. Michael says:

    You can compare how the insurance quotes would change, for example here – autoinsurance.noneto.com

  9. Sergio Mendes says:

    It doesn’t work.

    This falls into the category of “you got one break and didn’t learn your lesson.” Why would the courts make the same mistake twice?

    Jail for you!

  10. Brad says:

    Can I have a recent DUI charge deferred if I had an MIP deferred 4 years ago?
    Im not quite sure how this works. I received a DUI charge recently and might ask for a deferrel. However, im not sure if I can do this because I had an MIP deferred 4 years ago.

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