DUI Enhancements in California: What They Mean for Your Case

A charge of driving under the influence (DUI) is serious. A charge of DUI that exposes you to a sentencing enhancement is even more serious. Should a prosecutor allege a DUI enhancement applies to your case, and a judge agrees, you may suffer penalties that you would not otherwise.

Enhancements can be fought, as can the DUI charge related to the enhancement. You should have an attorney experienced in fighting both DUI charges and attempts to enhance penalties against the charged individual.

Attorney Haitham “Sam” Amin leads a defense team solely focused on resolving DUI cases. DUI defense is our turf, and we protect our clients from these charges that can cause immense harm to their reputations and quality of life.

Call Amin Law, P.C. today at 415-735-4174 or contact us online to complete your consultation about how we can defend you from any DUI charge, including one that involves a possible enhancement.

What Is a DUI Enhancement?

DUI enhancements are specific alleged facts or circumstances that allow prosecutors to request a more severe penalty against the arrested party.

The California Judges Benchguide alludes to several circumstances that might call for “additional penalties and enhancements,” including when:

  • The defendant has a DUI conviction within the prior decade (in addition to the DUI charge they currently face)

  • The defendant refuses to submit a breath or urine sample

  • The defendant’s blood alcohol concentration (BAC) was recorded at .15% or higher

  • A minor under the age of 14 was in the vehicle at the time of the arrest

  • The defendant was involved in an accident (with enhancements being even more likely if the accident resulted in injury)

  • The defendant is accused of engaging in other reckless behavior, such as speeding, while impaired

Enhancements do not change the DUI charge, but they can substantially alter sentencing. This—the penalties that can arise from the DUI charge—is what many of our clients are most concerned about, which means enhancements are a big deal in cases like yours.

Criminal Penalties Associated With DUI Enhancements

When a defendant is convicted of a DUI, and the prosecutor seeks a penalty enhancement, a case that might otherwise have resulted in probation or a similar punishment might escalate to mandatory jail time (or worse).

The ramifications of a sustained DUI enhancement might include the imposition of:

  • Jail time

  • Prison time

  • Increased jail or prison time

  • Longer probation periods

  • Escalated fines

  • Longer periods of driver’s license suspension or revocation

  • Mandatory alcohol or drug education programs

  • A longer period of having an ignition interlock device in one’s vehicle

  • Felony charges

For instance, the Judges Benchguide authorizes “mandatory imprisonment” if the defendant is accused of DUI with a minor in their vehicle. For your purposes, know that punishments you might otherwise be able to overcome might become devastating should a judge approve an enhanced penalty.

The Amin Law, P.C. Team Fights Both DUI Charges and Enhanced Penalties

When a prosecutor seeks an enhanced penalty against a defendant accused of driving under the influence, they face a two-part undertaking.

 First, they must prove their case that the defendant committed DUI. Then, they must prove the conditions for which they are seeking an enhanced penalty.

 Attorney Sam Amin and his team can and do fight prosecutors at each of these stages of their clients’ cases. Our goal is often to have the DUI dismissed. If a client chooses to plead, which is sometimes the right decision, we seek to ensure they don’t face enhanced, heavy-handed penalties.

Call Amin Law, P.C. Today to Complete Your Consultation with an Experienced DUI Defense Attorney

 We are a full-service firm. From parsing the supposed evidence against you, to identifying the soft spots in the prosecutor’s strategy, to pinpointing the outcome we want to pursue based on your unique circumstances, the Amin Law, P.C. team will provide all the legal services you need.

The potential for enhanced penalties is concerning. Yet, any DUI charge—even one that does not expose you to an enhancement—must be taken seriously and fought vigorously.

Do not wait to call Amin Law, P.C. today at 415-735-4174 or contact us online to schedule your consultation and learn how we will serve as your staunchest advocates.