I got a DUI with a .12 breathalyzer reading. I’ve been told that there could be enhancements to the charge because of high blood alcohol content and other reasons. What enhancements are possible with a .12?
Answer: You should hire a criminal attorneys in Tustin, CA right away, especially if you suspect enhancements will be added to your charge.
There is an enhancement for high alcohol concentration, but the limit is a BAC of .15 percent or higher, not .12.
You can also receive enhanced penalties for prior convictions of drunk driving within the previous 10 years. The minimum jail sentence, DUI school and license suspension are increased. Two priors will further increase your penalties, and three will result in felony charges punishable with a sentence to state prison.
If you refused chemical testing you will receive an increased jail term in addition to the administrative suspension imposed by the DMV.
A speeding or reckless driving enhancement will be imposed if you were driving in excess of the speed limit with a BAC of .10. The enhancement applies to a speed of 20 mph over the limit on surface streets and 30 mph on freeways.
There are also increased penalties when there is a passenger under the age of 14 in the vehicle at the time of the drunk driving.
The existence of property damage can trigger a more severe sentence. Where there is personal injury involved the charge will be elevated to a felony.
Anyone who is charged with driving under the influence should retain a skilled DUI attorney as soon as possible after his arrest. If you think you may be facing enhancements, this is especially critical. Sometimes enhancements can be used as leverage when negotiating a plea bargain, but this is something you should not try by yourself.
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