Glendale DUI Penalty Enhancements

Glendale DUI AttorneyDUI penalty enhancements

A standard sentence for a Glendale DUI offense may be subject to a variety of penalty enhancements depending on the circumstances of the case that can add time in jail as well as impose more onerous terms of probation. The following factors will up the penalties on a driving under the influence offense.

1. Convictions for Previous DUI Offenses

One of the more frequently imposed DUI enhancements in Glendale is the one that affects defendants with prior convictions for DUI within the preceding ten years. Under the law, a defendant’s old conviction for driving under the influence pursuant to California Vehicle Code Section 23152(a) VC or driving with a BAC of 0.08 percent or higher under California Vehicle Code Section 23152(b) VC will qualify as a prior. Some defendants may be surprised to learn that an old wet reckless conviction under California Vehicle Code Section 23103/23103.5 VC can be used to enhance the penalties on a subsequent DUI charge if that wet reckless occurred within ten years of the new offense.

The severity of the penalty enhancement for having prior DUI convictions depends on how many previous convictions the defendant has.

  1. Having one previous qualifying DUI conviction that is ten years old or less will add a minimum of 96 hours in custody to a defendant’s subsequent sentence. The defendant would also have to take the 18-month alcohol education class and would lose his or her driver’s license for a full year.

  2. Having two previous DUI convictions will add 120 days in jail to the underlying DUI sentence. In addition, the defendant would have to attend and complete the 30 month alcohol education program.

  3. Having three of more DUI convictions within 10 years may subject a defendant to felony DUI charges. If the defendant is convicted of felony DUI, he or she can be sentenced to serve up to three years in prison. If convicted of a misdemeanor offense, the judge can send the defendant to jail for up to a year and impose strict terms of probation.
2. Glendale Speed Enhancement - California Vehicle Code Section 23582 VC

One penalty enhancement that can significantly increase the defendant’s mandatory jail sentence for a Glendale DU conviction is the speed enhancement under California Vehicle Code Section 23582 VC. This enhancement requires the prosecutor to establish that the defendant was driving at an excessive speed (30 mph over the speed limit on the freeway or 20 mph over the limit on other roads) and also drove in a reckless fashion while under the influence. Speeding alone does not qualify as reckless driving. The driving conduct must also go beyond simple carelessness or negligence and must demonstrate a disregard for the safety of others.

3. Having a Passenger Under 14 in the Vehicle - California Vehicle Code Section 23572 VC

In Glendale, having a minor child under 14 in the vehicle at the time the DUI occurred can also lead to enhanced penalties pursuant to California Vehicle Code Section 23572 VC. If the defendant does not have any prior DUI convictions, this penalty enhancement will impose an additional 48 hours in jail. The jail time increases to 10 additional days for a defendant’s second DUI, 30 days on a third DUI conviction and 90 days for a defendant’s fourth (or subsequent) DUI conviction in a ten year period. Furthermore, the defendant can be prosecuted for the separate criminal offense of child endangerment in violation of California Penal Code Section 273(a) PC. This crime is a potential felony that can carry significant jail or prison sentences.

There are a variety of other enhancements that can increase the penalty for a Glendale DUI offense. If the defendant had a BAC that measured .15 percent or higher or if the driver refused to submit to chemical testing, the judge may impose a longer jail sentence or require that the defendant take a longer alcohol education class. The court may additionally impose community labor or community service requirements.

If you have been cited for a Glendale DUI offense, it is critical that you consult with a Glendale DUI Lawyer right away. Glendale DUI Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who understands how best to fight DUI cases and any accompanying penalty enhancement allegations.

For more information about Glendale DUI penalty enhancements, and to schedule your free consultation, contact Glendale DUI Lawyer Michael Kraut at the Kraut Law Group located at 121 W Lexington Dr, Glendale, CA 91203. Mr. Kraut can be reached 24/7 at 818-507-9123.

Share |
Featured on CNN
ABC News
NBC News
Los Angeles Times
CBS News
The New York Times
Us Weekly
Entertainment Tonight
Good Morning America
Legal Broadcast Network
Avvo Rating 10.0
Client Reviews
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.