DUI Enhancements

Los Angeles DUI Attorney

DUI penaltiesA conviction for a Los Angeles DUI offense can trigger a variety of DUI penalties imposed by the judge at the time of sentencing. While the DUI penalties a person can expect to receive may seem straightforward, there are a number of penalty enhancements under the law that can add significant jail time and other requirements to any underlying sentence. It is important for anyone charged with a DUI offense to understand the various penalty enhancements that may be applicable in their case.

1. Prior DUI Offenses

One of the most common elements that will increase the punishment on a DUI conviction is a driver’s prior DUI convictions within the past ten years. Prior convictions can be from California or from other states. In addition, wet reckless convictions under California Vehicle Code Section 23103/23103.5 VC will be considered a prior for the purposes of enhancement.

For the purposes of sentencing, prior DUI convictions will result in the following punishments in a DUI conviction:

  1. Where the defendant has one prior DUI conviction within the past ten years, he or she can be sentenced to three to five years of summary probation with a minimum 96 hours in county jail. The defendant would have to complete the 18-month SB 38 alcohol education program and would lose his or her license for a full year.

  2. Where the defendant has two prior DUI convictions within the past ten years, he or she can be sentenced to a minimum of 120 days in county jail and will be ordered to complete the 30 month alcohol education program.

  3. Where the defendant has three or more DUI convictions within the past 10 years, he or she can be charged with either a felony or a misdemeanor. If charged with a felony, the defendant can be sentenced to serve up to three years in prison. If charged with a misdemeanor, the defendant can be sent to jail for up to a year and required to complete several conditions of probation.
2. Speed Enhancement – California Vehicle Code Section 23582 VC

Under California Vehicle Code Section 23582 VC, 60 additional days in jail can be tacked on to a driver’s underlying DUI sentence if he or she was driving in excess of 30 mph on a freeway or in excess of 20 mph on any other road at the time of the DUI arrest. For this enhancement to apply, the driver must be driving at excessive speeds and in a reckless manner. This means that simply speeding will not trigger the speed enhancement, as the prosecution must additionally show that the defendant was driving with wanton disregard for the safety of others. Typically this will be found where the driver is caught aggressively weaving through traffic, playing chicken or engaging in races with other drivers.

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

If the DUI driver had a passenger under the age of 14 in his or her vehicle at the time they were arrested for DUI, the penalty enhancement under California Vehicle Code Section 23572 VC may be applicable. If the penalty enhancement is proven, the defendant can be sentenced to serve an additional 48 hours in jail on a first offense, an additional 10 days for a second DUI conviction, an additional 30 days for a third DUI and an additional 90 days for a defendant’s fourth or subsequent DUI conviction within a ten year period. In addition, the defendant may be exposed to potential felony child endangerment charges pursuant to California Penal Code Section 273(a) PC.

There are other factors that can increase the penalties on a DUI offense. If the driver is caught with a BAC of .15 or higher or if he or she refuses to submit to chemical testing, the court can add additional penalties, including enhanced jail sentences, longer DUI classes and additional community labor or service requirements.

If you have been charged with DUI in Los Angeles and one of the penalty enhancements listed above have been alleged, it is crucial that you talk with a Los Angeles DUI Lawyer right away. Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who is highly respected throughout the court system as a tough litigator who fights hard on behalf of his clients.

For more information about Los Angeles DUI penalty enhancements, and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

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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!
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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
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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
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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 Lepervanche
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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.