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.

Client Reviews
I can't begin to thank Mr. Hoffman enough for his extensive efforts throughout the entire case. He went absolutely above and beyond throughout the entire process. From day one he was immediately actively pursuing ways to prevent my case from ever going to court and once that was no longer an option, actively began working on getting the case ultimately dismissed. His communication was consistent and reassuring, despite my frantic worries all the time... Micaiah Botts
My family and I simply owe our life and future to Ron Hoffman. If you are looking for a lawyer that goes above and beyond the call of duty you can't find a better lawyer than Ron. He took my case head on from the moment I called his office. I was involved in an accidental hit and run where I was unaware of the injury. Every step of the way, Ron guided me through an almost two year long investigation and court settlement process and was constantly by my side through out every crossroad... Bill Martin
Ron Hoffman and his staff were Fantastic when dealing with such a serious issue of DUI. When I first Called Ron I was very nervous and worried for my daughter and her freedom. She had a failure to appear on top of her DUI and I knew just how bad this could be. Ron was able to immediately put me at ease and gave me the confidence that there was hope and a light at the end of the tunnel. Ron was able to get the failure to appear dismissed and also no jail time for my daughter... Claude Brown
I have been working with Mr. Hoffman for over 11 years. I have seen first hand his genuine dedication to his clients, and how his experience, knowledge and passion have gotten clients fantastic results. He treats each of his clients as his only client, and takes the time to develop detailed strategies and defenses for each individual case. I have never hesitated to refer Mr. Hoffman to anyone who has asked me for a good Criminal Defense attorney. He is a fantastic attorney!... Neeta P.
I had a DUI issue recently. I have never had a problem with the law as serious as this one. I did panic a bit after and knew I had to get a lawyer to help my future. I researched the Web and read the reviews for awesome DUI Lawyers. Hiring a lawyer can be intimidating. Ron's 30 years experience and step by step guidance helped me with my case. Jonie was amazing with keeping me calm. Ron Hoffman is a great lawyer and I would refer any friends or family to him... Manuel Gomez
Ron was so accommodating and professional. With a Firm like his you wouldn't expect him to be as accessible, but he immediately returned phone calls, was easy to communicate with and was very sympathetic to my situation. He went above and beyond and was able to get a better result than I'd hoped or expected. I highly recommend Ron Hoffman and his firm. He made a difficult and anxiety fueled process bearable and made me feel safe. He is a lovely man. One does not wish to need a criminal attorney, but if you do need one, Ron's the guy to call... Teri A.
Ron and his team were the perfect pairing for what I needed taken care of. Every step of the way he was extremely helpful and informative (not his first rodeo). His work ethic and attitude were exemplary and it showed with the results of using his services. I would recommend anyone I know to give Ron a call if they need help in his realm of expertise. Many thanks Ron and associates!... Donald N.
I didn't hire a lawyer for my first DUI... What a mistake! Ronald goes above and beyond with his art and knowledge of custom strategy according to your case. lawyer of the year (every year)... Adam R.
I hate lawyers. They are hard to get a hold of, greedy and unreliable. Ron is the opposite of all these things. He deserves 6 stars, and I very much recommend him. He helped me through my case with nothing but kindness, understanding, and knowledge and eventually got it dropped. Thanks for everything Ron!... Avi Z.