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What is a sentence enhancement for DUI?
Most states increase the punishment in drunk
driving cases if certain facts exist. The
most common of these is an earlier
conviction for the same or a similar offense
-- usually within five or seven years of the
current offense. Other commonly encountered
enhancements (which must usually be alleged
in the complaint) include:
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A child was in the car at the time.
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The defendant was travelling 20 or 30 miles
over the speed limit at the time.
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The blood-alcohol concentration was over
.20%.
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The defendant refused to submit to a
chemical test.
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There was property damage or injury.
The defendant was under 21 ("zero tolerance"
laws commonly require a much lower blood -
alcohol level, and impose longer license
suspensions).
In most states, the existence of significant
personal injury caused by drunk driving
elevates the offense to a felony. A death
can trigger manslaughter or even, in a few
states (including California), murder
charges.
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