February 2, 2009 By Wallin & Klarich

Most people already know that DUI arrests are unpleasant events. However, most people don’t realize that not all DUI’s are created equal.

Some DUI’s carry stiffer penalties depending on the facts of the case.

Sometimes, the facts of the case can make your DUI arrest worthy of a felony. In other situations, the prosecutor on the case might file additional allegations or “enhancements.” If this happens, the difference between going to jail (or prison) might be the assistance of a good attorney that sit down with you, the prosecutor and negotiate a better deal.

Below, are some examples of enhancements that can directly impact the offer a prosecutor will make on your case:

  • Minor Passenger in the vehicle during a DUI (CVC §23572)
  • Refusal to Submit to or Failure to Complete Chemical Test (CVC § 23577)
  • Excessive Blood Alcohol Level .20 or Above (CVC § 23578)
  • second or Subsequent Offense Involving Alcohol or Drugs – Multiple DUI’s Within Ten Years (10) Years (CVC § 23580)
  • Fourth or Subsequent DUI Conviction within Ten (10) years Makes Current DUI chargeable as a Felony

This is not an exhaustive list. There are many other enhancements that exist in the California Vehicle Code.

Your first step should be to speak to a trained, expert California drunk driving attorney who will help you review your case and determine the best course of action to take.

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