Articles Posted in Enhancements

If you have been arrested and charged with driving under the influence in Los Angeles, you have not yet been convicted. The court must find you guilty beyond a reasonable doubt of two elements: 1) driving AND 2) intoxicated.  The potential sentence as it is outlined under statutory authority is in a range. This is because the specific sentence for each individual will depend on a myriad of factors, including the specific facts of their case and their criminal background.

If you are facing a conviction ,or have been convicted and are facing sentencing, it is crucial that you consult with a Los Angeles DUI lawyer as soon as possible. The knowledge and experience of a trained professional can provide you with the guidance you need for a thorough analysis of your case and an effective argument for the least possible sentence.

In addition to the general range of sentencing outlined in the California Vehicle Code §23152 and 23153, there are additional factors that could result in an additional sentence. These arise out of the facts of your arrest.

If you are stopped for suspicion of driving under the influence, you may potentially be facing a DUI conviction. There are certain elements that must be proven by Prosecutors beyond a reasonable doubt before a person can be convicted. They must show that the driver was driving at the time they were stopped, and they were intoxicated. Both elements must be present prior to a conviction being made.

There are also additional elements that can work to enhance a conviction. This means that you may be facing additional sentencing if one of these elements are found to be present in your case. An example of such enhancements, is if there is a high blood alcohol content, or if the driver is speeding. One of the elements that can cause a driver to face additional sentencing is if there are minors present in the vehicle when the driver is stopped for suspicion of a DUI.

Like all other offenses, the sentence will increase with the number of times the offense occurs. This also means that you could possibly be facing additional sentencing, on top of the DUI sentence.

What exactly are DUI enhancements and what can they mean for you if you have been charged for a DUI? In certain DUI cases, the facts are fairly straightforward. For those case, they will be prosecuted under California Vehicle Code §23152, or 23153 if there is bodily injury.

For the “straightforward” cases, it means that when the driver stopped it was not under unusual or highly dangerous circumstances. That the blood alcohol was within the average range and not dangerously high. If there are circumstances of enhancement when you have been arrested, it could mean additional charges or even an increased or additional sentence. It is important to understand the enhancements. If you have an enhancement in your case it is important to consult with a Los Angeles DUI Lawyer, as certain enhances may be dismissed with strong argument and effective evidence.

What are these enhancements and what can it mean for you? Let’s consider a few .

If you have been charged for suspicion of driving under the influence of alcohol and you have caused property damage during the arrest, then there are chances you may have additional consequences.

If there has been any kind of property damage that has been involved and leading up to your arrest, then the Judge will take that into consideration.

Many times if there is extensive damage, the DUI may be charged as a felony, but in many cases, it is charged as a misdemeanor with additional sentencing enhancements.