San Diego California DUI Arrests: Punishment Enhancements
There are particulars or special accusations that increase a defendant’s risk of receiving a harsher punishment in a San Diego California drunk driving misdemeanor case. The increased San Diego California DUI punishment alternatives include steeper fines, mandatory attendance in lengthy alcohol education courses, and a longer required term in a county jail.
1. Refusing to Submit to a Chemical Test (VC 23577)
If a suspect is arrested for VC 23152, a San Diego California DUI charge, and at the time of the arrest refused to submit to a chemical test, driving privileges will be suspended for 6 months as an enhancement, in addition to the usual penalties for the DUI conviction.
2. Excessive Blood Alcohol Content (VC 23578)
If a suspect is convicted of VC 23152 with a BAC of .20% or higher, then the San Diego California court may enhance the defendant’s sentencing.
If probation is granted, enhanced terms and conditions of probation may be added.
3. Repeat Offenders: Mandatory Imprisonment (VC 23580)
If any suspect is convicted of a VC 23152 violation and the San Diego California offense is a second or subsequent DUI offense, the court shall impose a term of a minimum of 48 consecutive hours in a county jail or a minimum of 10 days of local community service.
4. Speeding: Additional Penalty (VC 23582)
Any person who drives in excess of 30 mph over the posted speed limit on the highway or 20 mph over the posted limit on a residential or city street shall receive an additional and consecutive 60 day term in a county jail.
On the first San Diego California conviction of VC 23582, the driver will be ordered to participate in and complete an alcohol or drug education and counseling program.
5. DUI Penalties for Drivers Under 21 (VC 23502)
If a driver under 21 is found to have a BAC above .01%, their driver’s license will be suspended for 12 months.
6. DUI with a Minor Passenger (VC 23572)
If the driver is convicted of a San Diego California DUI and has a minor under 14 in the vehicle, then enhanced penalties may be imposed based on a judge’s interpretation of DUI evidence. Mandatory jail time is regulated between 48 hours and 90 days.
If you or a loved one was arrested for a San Diego California DUI, please contact the skilled defense lawyer at www.