Upon being arrested and charged with driving under the influence in California, you must understand that you have yet to be convicted of a DUI. The reason being that specific sentence for each person depends on a variety of factors, such as certain facts regarding their case and their criminal background.
The following are the aggravating circumstances of a DUI which may enhance a DUI sentence:
- Prior DUI – If you have previously been convicted of a DUI, it could have a substantial impact on your current DUI. It’s important to understand this only pertains to prior convictions, not prior arrests.
- Speeding – If you were driving at excessively high speeds at the time of your arrest, this speeding will be added to your final sentence. It must be a significantly higher speed that the limit, as opposed to just a few miles over.
- Injury or death – If you cause a serious injury to another person or killed another person while driving intoxicated, it can raise your DUI conviction to a felony.
- Child in the car – If there was a child present in the vehicle at the time of your arrest for a DUI, this will add to your sentence.
- Refusal – If you refuse to undergo blood alcohol content (BAC) testing after your arrest, this could result in additional sentencing. This test is mandatory.
- Suspended license – If you are driving with a suspended license while being arrested for a DUI, you will be facing conviction on two separate charges.
- Probation violation – If you are probation with a prior DUI or a prior criminal offense upon your current arrest for a DUI, a new conviction will be associated with an additional charge of probation violation.
For more information about the aggravating circumstances of a DUI, contact The Law Office of Robert F. Sommers and schedule a consultation with our Ventura DUI defense attorney today. We are proud to defend clients throughout Ventura County, Los Angeles, Thousand Oaks, Santa Barbara County, and Woodland Hills.