california dui penalty enhancements

reckless driving or excessive speeding

California Vehicle Code 23103: Reckless Driving; Speeding at a rate of 20 mph or more over the speed limit on a street or roadway, or speeding at a rate of 30 mph or more on a freeway or interstate, while under the influence of alcohol and/or drugs.

Additional Penalty for DUI with Reckless Driving: The court shall sentence the defendant to an EXTRA 60 days of incarceration in addition to the standard punishment for DUI or DUI Causing Bodily Injury to Another. This is a mandatory minimum sentence which cannot be stayed in lieu of probation. If probation is granted, the judge must require the defendant be confined to 60 consecutive days in addition to a grant of probation and other applicable penalties.

Mandatory Drug & Alcohol Education Program: For a first 23103 offense, the judge shall order the defendant to complete a drug and alcohol treatment or counselling program, or both a treatment and a counselling program.

refusal to submit to a chemical test

California Vehicle Code 23577: Refusal to Submit to or Failure to Complete a BAC Chemical Test while Driving Under the Influence.

Additional Penalty for Chemical Test Refusal: An EXTRA 48 hour sentence to confinement in County Jail for a first offense DUI with refusal, in addition to standard DUI penalties.

Should the defendant receive a second DUI conviction in which he refused to submit to chemical testing, he or she shall receive an extra 96 hours confined to County jail, regardless of whether probation is granted. No portion of the additional jail sentence may be stayed unless the defendant is incarcerated in a state prison.

If the defendant receives a 3rd DUI with Chemical Test Refusal conviction, an extra 10 day jail sentence shall be added to any other penalty incurred, of which no part may be stayed.

If the defendant incurs yet a fourth DUI with Refusal to Submit conviction, the mandatory extra sentence shall be 18 days in County jail, none of which may be stayed or pardoned.

DUI WITH VEHICLE IMPOUNDMENT OR SALE AS NUISANCE

California Vehicle Code 23592: Impoundment of Vehicle involved in a DUI violation in which the driver is the car's registered owner

First Offense DUI: The court may order the vehicle impounded for up to 6 months for the below offenses.

Second Offense DUI: The court may order the impoundment for up to 12 months for a 2nd conviction on any of the violations listed below.

a) Driving on a suspended or revoked license

b) Evading a police officer while driving recklessly and resulting in an accident, or

b) Evading a police officer resulting in a fatality

if either violation occurred within 7 years of any of the following:

I. A dry reckless driving offense at 100 mph or more

II. A driving under the influence conviction

III. A DUI Causing Bodily Injury to Another

IV. Gross Neglicence

IV. Vehicular Manslaughter

Vehicle Storage Costs: A lien will be placed on impounded vehicle to cover expenses

Release to Vehicle's Legal Owner: Any impounded vehicle under this section which is subject to a conditional sale, lease, or chattel mortgage, will be released to its rightful owner upon proof and filing of an affidavit by legal owner swearing the lease or sale is in default. The vehicle will be released to owner upon payment of impoundment costs & fees.

DUI CAUSING BODILY INJURY TO ANOTHER

California Vehicle Code 23558: DUI with Bodily Injury inflicted on another person

Additional Penalty for Bodily Injury or Death while DUI: An EXTRA year in the state prison for each victim harmed in any one DUI related incident. The maximum number of victim one year addon sentences that may be attached under this section are three total.

DUI WITH PRIOR FELONY CONVICTION WITHIN TEN YEARS

California Vehicle Code 23550.5: Prior felony conviction within ten years makes current DUI chargeable as a felony offense.

Additional Penalty for DUI within 10 years of a prior felony conviction:

Incarceration: Up to 1 year confined in County jail

Fine: At least $390 & up to $1000

If the current DUI offense occurred within 10 years of any of the following:

a) A prior DUI offense punished as a felony for Multiple DUI's

b) A prior DUI causing bodily injury to another that was punished as a felony

b) Vehicular Manslaughter punished as a felony

Any person punishable under this section shall be identified as an habitual traffic offender for a 3 year period

DUI WITH BAC OF .20% OR ABOVE

California Vehicle Code 23578 : Excessive Blood Alcohol Level .20% or Above

Additional Penalty for DUI with BAC of .20% or above: A determining factor in whether to grant probation.

Additional Enhancements: Mandatory AB-762 six month alcohol school

DUI WITH MINOR PASSENGER UNDER AGE 14

California Vehicle Code 23572: Minor Under 14 Years in Vehicle; Enhanced DUI Punishment

a) An EXTRA 48 hour sentence confined to County Jail for a first offense DUI with minor passenger in car, in addition to standard DUI penalties.

b) An EXTRA 10 day sentence confined to County Jail for a second offense DUI with minor passenger in car, in addition to standard DUI penalties.

c) An EXTRA 30 day sentence confined to County Jail for a third offense DUI with minor passenger in car, in addition to standard DUI penalties.

d) An EXTRA 90 day sentence confined to County Jail for a fourth offense DUI with minor passenger in car, in addition to standard DUI penalties.

2ND OR SUBSEQUENT DUI WITH PRIORS - MULTIPLE DUI's

California Vehicle Code 23580 : Multiple DUI's: 2nd or Subsequent Violation Involving Drugs and/or Alcohol

a) An EXTRA 48 hour sentence confined to County Jail for a subsequent DUI violation, in addition to standard DUI penalties.

*note: This section is only applicable while construction or maintenance work is actually in progress and manned by workers and the area is marked by work zone traffic control devices, traffic controls or warning signs, or an assortment of these, to alert drivers and passersby of construction or maintenance workers nearby.

DUI IN A CONSTRUCTION OR MAINTENANCE ZONE

California Vehicle Code 42009 : DUI in Highway Construction or Maintenance Zone

Additional Penalty for DUI in a Construction or Maintenance Zone:

Fine: Automatically doubled when any of the following violations are committed:

Sections 21367, 21450, 21650, 21800, 22100, 22348, 22450, 23103, 23104, 23109, 23152, 23103.5, 23153, 23220, 23221, 23222, 23223, 23224 23225 & 23226.

*note: This section is only applicable while construction or maintenance work is actually in progress and manned by workers and the area is marked by work zone traffic control devices, traffic controls or warning signs, or an assortment of these, to alert drivers and passersby of construction or maintenance workers nearby.

DUI IN A SAFETY ZONE

California Vehicle Code 42010 : DUI in Safety Enhancement Zone

Additional Penalty for DUI in a Designated Safety Zone:

Fine: Automatically doubled when any of the following violations are committed:

Sections 21367, 21450, 21650, 21800, 22100, 22348, 22450, 23103, 23104, 23109, 23152, 23103.5, 23153, 23220, 23221, 23222, 23223, 23224 23225 & 23226.

*note: This section is only applicable when warning signs & traffic regulating tools have been situated according to section 97 of the Streets & Highways code.

FOURTH OR SUBSEQUENT DUI OFFENSE

California Vehicle Code 23550 : Conviction of Multiple Driving Under the Influence Offenses. A 4th DUI Offensse committed within 10 years of 3 prior DUI convictions.

Additional Penalty for DUI in a Designated Safety Zone:

Incarceration: County jail or state prison for at least 180 days and up to 1 year

Fine: Minimum $390 up to $1000

Administrative: Drivers License Revocation

Other: Identified as an habitual traffic offender for a 3 year period

Mandatory DUI School: A 30 month drug & alcohol program to be completed subsequent to defendant's jail term

Probationary Grant: A minimum of 30 days in jail