When It Comes To Aggravated, Enhanced Or Felony DUIs, What Are Some Other Factors That Could Influence Whether A DUI Charge Will Be A Simple DUI Or Something More Severe?
If it is the second, third or fourth offense, that makes the penalties much more severe as well as the license suspension. The fourth offense in California can be charged as a felony and most district attorney's offices do charge it as a felony. Since it is a felony, the fourth offense has a potential prison sentence attached to it.
In California, a second offense carries a minimum of a 10 day jail sentence. Depending on the circumstances of the case, such as a high blood alcohol concentration or an accident, the penalties can increase. The first offense in California carries a minimum sentence of two days in jail; the second offense carries a minimum of ten days, but then it jumps on the third offense to a minimum of one hundred and twenty days. These are minimum sentences and depending on the circumstances, people can be sentenced to more than that. If there is a solo accident or a non-injury accident, sometimes judges will not attack on more days or the district attorney wants more days than the minimum.
Most of those kinds of sentences, even the one hundred and twenty day sentence, can usually be worked out in some sort of a program or a work time. This depends on the judge and jurisdiction. These programs are designed to avoid a lengthy jail sentence. When you get into a fourth offense, then you have a problem as far as keeping the person out of jail if they are convicted of it.
Another thing that enhances DUIs is if you are caught for speeding over twenty or thirty miles over the speed limit, that could tack on as much as a sixty day jail sentence. If you are stopped in the freeway doing eighty and you are arrested for a DUI, you could be facing an additional sixty days in jail because of that. If you have a prior felony DUI, whether it is because of an accident, because of injuries or because it is a fourth DUI, a prior felony within ten years makes even the next DUI which will not be a simple DUI that also makes that a felony. Those are the ways that they can be enhanced.
If Someone Is Charged With A DUI And They Have A Minor In The Car With Them, How Does That Affect A DUI Case?
They can be charged with either the separate charge of child endangerment or an enhancement to the DUI charge of child endangerment. That charge can also increases penalties, whether there is an accident or not. If the child is under fourteen years of age, you can get an additional thirty days in jail. This type of conviction could be extremely detrimental to persons involved in custody disputes.
Could They Potentially Face Child Endangerment Charges As Well?
Yes, as a separate offense. Generally, they charge it as an enhancement but it could also be charged as a separate offense.
What Would Be The Difference Than If It Was Charged As An Enhancement Versus A Separate Offense?
Not much. It looks a little better on the record if it is an enhancement. Sometimes you can negotiate a dismissal of the enhancement or charge in exchange for an increased sentence, so that it does not appear on the record. That is common with people who are divorced and they are concerned that if they get a case like that, their spouse is going to sue for sole custody based on that. Therefore, it can be pretty serious.
If you are not sure What Factors Can Enhance the Penalties of a DUI Charge, call the law office of Blackie Burak for a FREE Case Evaluation at (925) 933-4500 and get the information and legal answers you're seeking.