Potential Enhanced DUI Penalties for Blood Alcohol Content of .15 Percent
What could happen if you get pulled over for driving under the influence and your blood alcohol content is over 0.15 percent?
California Vehicle Code §23152(a)(b) makes it illegal to drive with a blood alcohol content (BAC) of .08 or over. Drivers whose blood alcohol is measured at .15 percent or higher could potentially face enhanced penalties as a result of California Vehicle Code §23578. In enacting this code, the legislative intent was to impose stricter potential penalties to drivers that go behind the wheel after excessive drinking. This means that if you are convicted of driving under the influence, the prosecutor may look into other factors surrounding your arrest to decide appropriate punishment.
An example of enhanced penalties include possible jail time, longer alcohol programs, longer probation, higher fines, and the possibility of being required to install an ignition inter lock device (IID).
The foundation of the prosecutor’s case is the arrest report. After evaluating the unique facts of each case a prosecutor will determine the severity of the DUI charge, including considering the driving, the field sobriety test, the driver’s previous record, and the blood alcohol content at the time of driving. Hoffman & Associates has over 30 years of daily courtroom experience defending DUI cases, each with it’s own unique facts.
A skillful attorney takes apart the arrest report in search of errors in breath or blood alcohol testing as well as technical errors which made be present on the surface of the report or which can be hiding within and not visible to an inexperienced attorney.
We have all made mistakes, but it is the job of an experienced DUI Defense Attorney to try and minimize all of the potential consequences of those mistakes.
California Vehicle Code §23578 states: In addition to any other provision of this code, if a person is convicted of a violation of Section 23152 or 23153, the court shall consider a concentration of alcohol in the person’s blood of 0.15 percent or more, by weight, or the refusal of the person to take a chemical test, as a special factor that may justify enhancing the penalties in sentencing, in determining whether to grant probation, and if probation is granted, in determining additional or enhanced terms and conditions of probation.Effective Plea Bargaining in High Blood Alcohol Cases
A skillful and experienced Los Angeles or San Diego DUI lawyer with years of courtroom experience can use different types of weaknesses to effectively plea bargain reduced charges and potential penalties as well as complete dismissals of all charges. Daily courtroom experience creates powerful relationships with judges and prosecutors and facilities different methods of changing the perception of the client from the negative image that is portrayed solely in the arrest report.
Our firm starts immediately to rehabilitate the image that is portrayed by obtaining resumes, letters of recommendation, and any proactive efforts made by the client including attending alcoholics anonymous meetings or counseling done voluntarily.
If you have been arrested for driving under the influence of alcohol or drugs you should immediately contact an experienced local DUI defense firm to protect all of your legal rights so as to minimize the potential consequences of this legal problem.