DUI offenses are the number one crime committed in California. (The number two crime committed is driving on a suspended license after a DUI). In Orange County, where our Orange County DUI Attorney Robert Miller handles cases on a daily basis, there were 14,629 arrests in the past year.
There are certain things that can cause a DUI to be eligible for additional punishment, including potentially jail time. As any Orange County DUI Lawyer can tell you, those are the following:
A DUI with a Serious Accident
A DUI involving an accident where someone other than the driver was injured can be a felony, which can have substantially higher maximum penalties (three years of State Prison, compared with 180 days of county jail maximum).
A DUI with priors
Many laws have increased sentencing if there are priors for the same behavior, and DUI cases are no exception. Even a DUI with one prior has mandatory jail time that a driver faces in court.
DUI cases with a Child in the Car
A child (someone under age 14 or younger) in the vehicle, while the adult driver is driving drunk, can cause someone to face not only a DUI enhancement for a minor in the vehicle, but also face punishment for the crime of child endangerment.
DUI while speeding or during a Speed Contest
An allegation that someone was driving under the influence of drugs or alcohol while exceeding the speed limit, or while engaging in a speed contest, can cause the prosecutor to seek additional punishment, including jail time.
High blood alcohol DUI cases
While the normal punishment for a high blood alcohol level DUI case (a DUI at or above double the legal limit – above a .15%), is a longer alcohol school, the prosecutor can also add punishment including jail time in the case.
Refusal DUI cases
Refusing to take a test can not only cause you to lose your license for one year, with no possible driving, but can also be a sentencing enhancement that can trigger jail time.
Being on DUI probation
If you have one DUI, and have another DUI while you are still on probation, the probation violation alone can, and usually does, cause a driver to face additional punishment, usually jail time.
How can you avoid jail time in a DUI case?
Our DUI Attorney in Orange County has experience in handling each of the above types of cases, and there are different strategies, and defenses for each. Having a professional who not only knows the scientific testing involved in DUI cases, but also the legal defenses, as well as knowing the court procedures and persons involved in your case, can help you.
Author: This article was written by Robert Miller, an Orange County DUI Lawyer at the law firm of Miller & Associates in Newport Beach, California.