In California, driving under the influence (DUI) carries strict penalties that are based on whether the driver’s blood alcohol content (BAC) was over 0.08%. Taking the DUI charge a step further, DUI enhancements include excessive blood alcohol levels, excessive speeding, hit & run, injury or death, and refusing chemical tests. For example, if there were any passengers under the age of 14 in the vehicle at the time of the DUI arrest, drivers can be charged with an additional crime tied to DUI enhancements. These enhancements typically carry stricter penalties for the driver, than they would have if they were charged with only a DUI by itself.
This article explores DUI enhancements in Santa Barbara, CA and what they mean for drivers who are facing these extra charges.
Possible penalties and sentencing related to a DUI California:
Keep in mind, the following sentences for a DUI in Santa Barbara County may reflect differently, depending on your individual situation and the court’s final ruling.
No prior convictions and you blew above .05%? You are looking at a possible mandatory minimum prison sentence of (5) five days all the way up to (1) one year. No prior convictions and you blew above .08%? You are looking at possibly 45 days to (1) one year in prison. Priors with BAC level between .05% – .079%? This can lead up to a (1) one-year possible mandatory minimum prison sentence. Priors on your record and you blew above .08%? This then can lead to possibly mandatory state prison time of 180 days – (3) three years. Twice convicted for a DUI within 10 years? A possible fine of $2,500-$5,000 will be assessed along with (6) six months in jail.
Twice convicted for DUI within 10 years?
You can be categorized as a “repeat offender.” You may also face a jail sentence of up to 12 months, with mandatory fines exceeding $2,000. Your driver’s license may also be suspended up to (3) three years.
What are the Penalties for a DUI Enhancement in California?
The penalties for DUI enhancements will vary widely depending on your individual circumstance. DUI enhancements in Santa Barbara can be added and connected to a DUI charge when: (a) you have a prior DUI conviction on your record, (b) you are found guilty of an aggravated driving under the influence charge or (c) another driver is injured or killed as a result of your intoxicated driving. There are of course additional circumstances revolving around the penalties for a DUI enhancement in Santa Barbara, California.
Santa Barbara DUI defense attorney, Sanford Horowitz can help address the following questions regarding penalties for a DUI enhancement in Santa Barbara:
- Is there an immigration consequence to a DUI enhancement charge?
You may be wondering if being charged with a DUI enhancement leads to immigration consequences. DUI laws are complicated and if you don’t have experience with immigration law then it can be hard to know what actions will affect your status. In some cases, there may be an immigration consequence for facing DUI enhancement charges. This will depend on many factors including how long you have been in the U.S., whether you are a permanent resident and how many times you were convicted of driving under the influence.
- What is my punishment if I refuse a chemical test after getting arrested for a DUI?
Refusing a chemical test after getting attested for a DUI can result in severe legal repercussions. Possible suspension of California driver’s license, and increased penalties in addition to other penalties related to DUI charges. California’s “implied consent” law states that you do not have a right to refuse a breath test when arrested for a DUI. According to Vehicle Code 23612, “A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153. If a blood or breath test, or both, are unavailable, then paragraph (2) of subdivision (d) applies.”
- What happens if I was arrested for a DUI and Hit & Run in California?
You don’t have to necessarily hit an actual person while driving under the influence for it to be considered a DUI hit & run case in California. You can hit a parked car on the way home from a family dinner after drinking a couple of glasses of wine – and that may be considered a DUI hit & run charge.
In the event you do get arrested for a DUI hit and run in Santa Barbara, you may run into paying hefty fines, years in state prison for serious injury or death, up to (1) one year in jail for more minor injuries, or if there was property damage involved you may face up to half a year in county jail
Sanford Horowitz Criminal Defense, P.C. is an experienced DUI attorney in Santa Barbara, CA and surrounding areas. If you or a loved one has recently been arrested for a DUI, do not wait any longer. Contact Sanford Horowitz Criminal Defense, P.C. at (805) 749-5670 today!
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A former prosecutor, Sandy is a skilled litigator who understands both sides of the criminal justice system, which is a tremendous asset. While we hope never to be in a similar situation again, we can recommend Sandy without hesitation.- Ann S.
A great relief and reassurance to anyone potentially facing criminal charges.- S.A.
To say that Horowitz is a great lawyer is an understatement. I would highly recommend him to anyone dealing with a legal issue.- Haley S.
In addition to being highly intelligent and professional, he is incredibly empathetic and kind, which helps when dealing with life’s unpleasant situations.- Eli S.