The state of California has a number of statutes known as DUI Enhancement Laws that are designed to add more penalties to the standard penalties that come with a DUI conviction. These penalties are intended to address additional offenses, in addition to the crime of driving under the influence of alcohol or drugs in California, whether this is a first, second, third, fourth, or subsequent offense within 10 years.
It is important that you work with a San Diego DUI law firm that is familiar with California’s DUI enhancement laws and knows how to defend you. The application of even just one of the state’s many DUI enhancement laws could dramatically increase the time you are ordered to spend in jail or state prison, as well as increase the other penalties that accompany your DUI conviction. In San Diego County, the Law Offices of David M. Boertje would like to offer you a free consultation to discuss your case.DUI Enhancement Laws
A person with a second, third, or fourth DUI conviction within 10 years will have to serve at least 96 hours in jail (and up to one year) for a second DUI, at least 120 days in jail (and up to one year) for a third DUI, and at least 180 days for a fourth DUI (and up to 3 years in state prison). (California Vehicle Code Section 23580). Visit our DUI with Priors page for more information about multiple DUIs.
Driving 30 mph above the highway speed limit or 20 mph above the speed limit on regular roads while driving under the influence of alcohol or drugs in a reckless manner (California Vehicle Code Section 23582) is punishable by an additional mandatory 60 days in jail.
Excessive Blood Alcohol
A DUI conviction in which the person had a blood alcohol concentration of .15% or greater (California Vehicle Code Section 23578) can be grounds to enhance DUI penalties and/or the refusal to grant probation.
Refusing to Submit to or Complete Chemical Testing
Refusing to undergo or complete a chemical test can lead to additional penalty enhancements (California Vehicle Code Section 23577). The length of additional jail time and the duration of license suspension a person will be ordered to serve will vary, depending on whether this is his or her first, second, third, fourth, or subsequent DUI offense in 10 years.
Minor Passenger in the Vehicle
Under California Vehicle Code Section 23572, a person convicted of driving under the influence of alcohol or drugs when a minor (passenger younger than 14 years of age) was in the vehicle will be ordered to serve an additional 48 hours in custody if this is his or her first DUI offense, 10 days in custody for a second DUI offense, 30 days for a third DUI offense, and 90 days for a 4th DUI offense.
Inflicting Bodily Injury on Another Person
A DUI conviction involving bodily injury on another person or multiple victims (California Vehicle Code Section 23558) could enhance the driver’s prison sentence by one additional year for every injury victim, with a maximum of three years allowed.
Four or More DUI Convictions Within a 10-Year Period
A person convicted of driving under the influence of alcohol or drugs four times or more within a 10-year period (California Vehicle Code Section 23550) shall be convicted of a felony crime. They will be ordered to serve time in state prison and their license will be revoked. Additional enhancements may also apply.
DUI Conviction Following a Prior Felony
If a driver is convicted of driving under the influence after being convicted of a felony crime within the last 10 years, the DUI offense can be charged as a felony crime (California Vehicle Code Section 23550.5) and additional enhancement penalties will apply.
Vehicle Impoundment Enhancement
A San Diego Court may order to have the driver’s vehicle impounded if he or she was convicted of certain offenses, such as driving under the influence with a suspended or revoked license or drunk driving at a speed of 100mph or greater (California Vehicle Code Sections 23592 and 23594).
Enhancement penalties can also be applied if a driver was convicted of a DUI in a highway construction or maintenance area (California Vehicle Code Section 42009) or an area designated as a safety enhancement zone (California Vehicle Code Section 42010).
In San Diego, Carlsbad, and other cities in San Diego County, call the Law Offices of David M. Boertje to ask for you free consultation with an experienced San Diego DUI enhancement lawyer. You can also contact us online or send us an e-mail.