knows that you face some serious consequences if you are arrested and convicted
of DUI (drunk driving), whether it be for driving under the
influence of alcohol or for driving under the influence of drugs. You face up
to six months in jail for a first-offense DUI and a year or more for multiple
offenses within ten years of each other. Then there is the mandatory alcohol
program between six weeks and 18-months long, possible community service or
Caltrans work, attending a MADD seminar, paying steep fines, and the cost of
hiring an Orange County DUI defense Attorney. Then there is the stigma of having
a DUI conviction on your record forever, even if it is “expunged”.
As bad as
all this is, the sentence gets worse if there was a minor in the car under
14-years old when the driver committed the DUI offense. Orange County DUI defense lawyers will tell you that there are laws
called “enhancements” that require extra punishment, usually jail time, for
specific behaviors. As far as DUI’s are concerned, there are several
enhancements including mandatory jail enhancements where a DUI is committed
with excessive speed, with a blood-alcohol level over a 0.20%, and where a
minor under 14 is in the car.
all this is, the sentence gets worse if there was a minor in the car under
14-years old when the driver committed the DUI offense. Orange County DUI defense lawyers will tell you that there are laws
called “enhancements” that require extra punishment, usually jail time, for
specific behaviors. As far as DUI’s are concerned, there are several
enhancements including mandatory jail enhancements where a DUI is committed
with excessive speed, with a blood-alcohol level over a 0.20%, and where a
minor under 14 is in the car.
CaliforniaVehicle Code Section 23572 requires mandatory jail time for a driver convicted of DUI when the
driving occurred with a minor under 14-years-old in the vehicle at the time. In
order for the enhancement to apply the DA must plead (that is, assert in a
formal Complaint) and prove that there was a minor in the car at the time of
driving AND that the minor was under 14-years of age at the time. If the DA
fails to do this your DUI defense attorney can preclude them from applying the
enhancement at sentencing. The amount of jail time depends on whether this is a
first-offense DUI, second-offense DUI, third-offense dui or fourth-offense DUI.
For a first-offense DIU the statute requires a minimum 48 hours in jail. Thus,
although a first-offense DUI typically draws no jail time in Orange County, if
the enhancement is plead and proven, a judges hands are tied and he or she MUST
sentence the first-offender to jail for the DUI. A second-offense within ten
years of a prior DUI or wet reckless conviction will get an additional ten days
of time in the Orange County jail, on top of the base sentence, which is around
60 days of jail time.
driving occurred with a minor under 14-years-old in the vehicle at the time. In
order for the enhancement to apply the DA must plead (that is, assert in a
formal Complaint) and prove that there was a minor in the car at the time of
driving AND that the minor was under 14-years of age at the time. If the DA
fails to do this your DUI defense attorney can preclude them from applying the
enhancement at sentencing. The amount of jail time depends on whether this is a
first-offense DUI, second-offense DUI, third-offense dui or fourth-offense DUI.
For a first-offense DIU the statute requires a minimum 48 hours in jail. Thus,
although a first-offense DUI typically draws no jail time in Orange County, if
the enhancement is plead and proven, a judges hands are tied and he or she MUST
sentence the first-offender to jail for the DUI. A second-offense within ten
years of a prior DUI or wet reckless conviction will get an additional ten days
of time in the Orange County jail, on top of the base sentence, which is around
60 days of jail time.
A third-offense
DUI offender must be sentenced to an additional 30 days in the Orange County
jail. This is added to the bases sentence which is typically around 240 to 300
days in Orange County. A fourth-offense DUI, which is chargeable as a
misdemeanor or felony (almost always charged as a felony in Orange County) will
require an additional 90 days of jail time on top of the base sentence, which
is usually 16 months in state prison. Your DUI defense lawyer will tell you that NONE of this additional jail time can be “stayed’
by the judge—the statute specifically says so. Therefore. The best way to avoid
it is usually for your DUI lawyer in Orange County to negotiate a settlement with the
DA whereby the DA agrees to “strike” the enhancement. If your DUI Attorney is very skilled he or she may be able to negotiate a plea to
a “wet reckless’ which not only avoids the mandatory
jail time called for be the enhancement but also avoids mandatory jail time for
a second, third or fourth-offense DUI.
DUI offender must be sentenced to an additional 30 days in the Orange County
jail. This is added to the bases sentence which is typically around 240 to 300
days in Orange County. A fourth-offense DUI, which is chargeable as a
misdemeanor or felony (almost always charged as a felony in Orange County) will
require an additional 90 days of jail time on top of the base sentence, which
is usually 16 months in state prison. Your DUI defense lawyer will tell you that NONE of this additional jail time can be “stayed’
by the judge—the statute specifically says so. Therefore. The best way to avoid
it is usually for your DUI lawyer in Orange County to negotiate a settlement with the
DA whereby the DA agrees to “strike” the enhancement. If your DUI Attorney is very skilled he or she may be able to negotiate a plea to
a “wet reckless’ which not only avoids the mandatory
jail time called for be the enhancement but also avoids mandatory jail time for
a second, third or fourth-offense DUI.
If you have
been arrested for DUI or DUI with injury in or near Orange County, call The Law
offices of EJ Stopyro at (949) 559-5500 for a free and confidential telephonic
consultation. You can also go to our website at www.ejesquire.com. We have offices at 32072
Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675 and at
1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627.
been arrested for DUI or DUI with injury in or near Orange County, call The Law
offices of EJ Stopyro at (949) 559-5500 for a free and confidential telephonic
consultation. You can also go to our website at www.ejesquire.com. We have offices at 32072
Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675 and at
1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627.
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