Drunk Driving penalties
in California are set by statute and can be highly complex. The range of sentences are established by law with sentence enhancements applied to the following: - Having a prior conviction
within ten years
Prior Convictions - For defendants
having one prior drunk driving conviction (DUI or .08% or more) within the past 10 years, the minimum jail sentence,
DUI school and license suspension penalties are increased. Two priors within ten years increases the penalties even more;
and three "priors" within 10 years can result in felony charges punishable by state prison.
- Speeding 20 or 30 mph over the limit
Speeding
and/or Reckless Driving - This enhancement involves driving in excess of a specified speed while under the influence
of alcohol or over the .08 percent Blood Alcohol Concentration [BAC]. California, enhances the penalty for drunk driving when
a defendant also drives 20 mph over the speed limit on a surface street or 30 mph over the speed limit on a freeway.
- Having a child under 14 in the car
Child
Endangerment - Increased penalties apply when a minor (an individual under 14 years of age) is a passenger in the
vehicle and the driver is deemed to be under the influence.
Accident or Injury - Causing property damage while under the influence
can trigger more severe sentencing and may result in a seperate offense. When personal injury involved, the offense can be
elevated to felony.