Los Angeles DUI Lawyer Blog

Enhancements are aggravating factors that prosecutors use to increase penalties in DUI cases. The California legislature has over the past years, set forth laws that direct prosecutors and Judges to take aggravating factors into careful consideration. As a result, a case involving enhancements will be given a harsher sentence. There are many different types of enhancements which take a basic DUI case into an aggravated DUI case. These factors include, traffic accidents (with or without injuries), an excessive Blood Alcohol Level (BAC), driving on a suspended license, having prior DUI convictions, being on probation for a prior criminal conviction.

A Blood Alcohol Level (BAC) of .15% or higher is grounds for an enhancement and carries with it recommended Jail time even on a first offense. Prosecution will argue a high BAC against your favor and consequently, it will have a significant effect on the ultimate sentence imposed. Even though the law indicates that any BAC over .08% is over the legal limit, the higher the BAC the more potential for danger. The Judge will consider a higher BAC and will treat it as an enhancement when accepting or denying prosecutions plea bargain.

An accident caused in the course of or as a result of the DUI will also be taken as an enhancement. Accidents happen on a broad spectrum. An accident without injury, (someone hitting a parked car) although an aggravated circumstance, will be punished less than and accident causing bodily injury. The Prosecutors will make a note of the severity of the accident and will give great weight to any injuries sustained to a victim of a DUI driver, including the nature of the injuries, any required medical treatments or hospitalization and the duration of any disability caused to the victim as a result of the accident. Disabilities will also include a loss of earnings. Was it with a parked car with no one in it? Did the people injured have to be hospitalized? Did the victim miss work? Was the injury caused by the accident one with short term effects, or long term effects? In short, how did the injury sustained by the victim affect their life. Naturally the more serious the injury, the greater the punishment the prosecutor seeks.

One thing, however, is for sure; a DUI with an enhancement will be considered towards the further end of the spectrum as far as sentencing. Prosecution will vigorously argue for the harshest punishment possible. Clearly, aggravating factors along with general facts of a case can create the potential for substantial jail time over a basic DUI case. For these reasons, it is advisable to immediately seek the assistance of counsel of an experienced DUI defense lawyer who can protect you from the often harsh consequences sought by a prosecutor in these types of cases. A California DUI Attorney who presents to the Judge all aspects of your life, including your work, school and social life will argue your case to the best possible degree and will successfully reduce your sentence.

Just about a month into the New Year, we learn that the California Highway Patrol is taking a no nonsense approach to Drunk Driving. On New Year's Eve between 6 P.M and 6 A.M, the CHP arrested 108 drivers who were found to be intoxicated over the legal limit in Los Angeles County alone. This number has jumped up by 20 arrests since last year. These arrests include only those that were made by the CHP. The actual number arrested is higher when all local police departments are taken into consideration.

These numbers are from a single night, and when taken alone seem to be tolerable for a huge city like Los Angeles. However, there were seven fatalities in the county alone on that one night. That is seven people who lost their lives due to a careless decision, and innumerable amount of people who lost someone from their lives. The statistics from New Years Eve in Los Angeles County are analogous to those seen around the State of California. Government officials have not only taken notice to the alarming numbers increasing year after year, but are taking drastic actions to deter offenders and help protect the public.

Governor Arnold Schwarzenegger in a speech given on October 13, 2009 at the signing legislation AB 91 explained that it was crucial that we cut down on drunk drivers as it is becoming a serious problem in California. He noted that last year alone there were 1,335 DUI related fatalities and it was "inexcusable" that on a daily basis law enforcement arrested about 550 different drunk drivers which came out to more than 200,000 arrests a year. He further commented that he found it "outrageous" that 25% of these offenders were repeat offenders. As a result he has increased the amount of checkpoints, introduced new legislation and increased penalties to help decrease the growing problem.

Senator Bob Huff enthusiastically supported the Governor's concern by stating that there are 310,000 drivers on the roads in California that have has three or more DUI convictions and 44,210 have had five or more.

Don't be the one that gets arrested for a DUI this year especially with new legislation and more severe consequences. With changes being made, make the right decision after the fact. Understand the severity of the arrest, the impact it will have on all facets of your life and seek the appropriate legal help.