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.
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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.
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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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