In California, the first offense for DUI carries a maximum jail term of 6 months, a fine not exceeding $1,000, and a driver’s license suspension. The sentence meted out depends on each case’s severity and circumstances. Factors that may impact the severity and result in an enhanced sentence are known as “aggravating factors.” Such factors could result in an uplift of a sentence, harsher penalties, or even a felony charge. Below is a list of aggravating factors that can contribute to a DUI in California.
High Blood Alcohol Content
A person charged with DUI must have a Blood Alcohol Content (BAC) of at least 0.08% at the time he was arrested. It will be aggravating if the person’s BAC is at least 0.15% which is almost two times the legal limit. Notwithstanding that this may be your first DUI offense, you may face further penalties, including installing an ignition interlock device (IID) or completing a lengthier DUI education program.
Excessive Speeding
Your sentence may be enhanced by an extra term of 60 days’ imprisonment should you be found to have driven over the speed limit of 20 mph on public roads or over 30 mph on a freeway. As such, it’s essential to ensure you’re aware of the speed limits for the safety of yourself, your passengers, and other road users.
Drivers Under 21
As the legal drinking age in California is 21 years old, underage drivers can face harsher penalties if found to have driven under the influence, even if they’re well below the legal alcohol limit. Drivers under 21 with a BAC of at least 0.05% may face a 1-year driver’s license suspension, a maximum fine of $100, and mandatory completion of a DUI education program. A BAC of at least 0.08% will subject the underaged driver to the general penalties as elaborated above.
Child Passengers
Another aggravating factor is the presence of a child passenger under 14 years old, as this could result in a further mandatory imprisonment term of 48 hours.
Injuries Caused
Should you have caused injuries to a person as a result of the accident, you could potentially face a felony or misdemeanor charge depending on the circumstances of your case and whether you have antecedents. If you’ve been charged with a felony DUI causing injury, you may be sentenced to imprisonment of up to 4 years, a fine not exceeding $5,000, and a driver’s license suspension of up to 5 years. A misdemeanor DUI charge with injury carries a maximum imprisonment term of 1 year, a fine not exceeding $5000, and a driver’s license suspension for up to 3 years.
Death
If you have caused the death of a person as a result of the accident, you may potentially be charged with vehicular manslaughter while intoxicated or gross vehicular manslaughter while intoxicated. The former carries an imprisonment term of up to 4 years and a fine not exceeding $10,000. The latter has a term of up to 10 years imprisonment.
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