CALIFORNIA CRIMINAL LAWYERS

Los Angeles DUI Aggravating Factors

Factors Considered During Sentencing for DUI Offenses in Los Angeles

If you have been charged and convicted of a DUI offense in Los Angeles, the judge will read the terms of your sentencing in open court. While the state’s Vehicle Code stipulates some mandatory sentencing requirements, the judge considers many factors surrounding the case when setting the sentence.

The judge has a lot of flexibility when passing sentence because they must consider aggravating factors that may have existed during the arrest. These factors will ultimately affect the final sentence. Below are some of these factors.

Aggravating Factors in DUI Cases

The following factors may affect the sentence passed on a DUI defendant:

1. Traffic Accident During the Arrest

Being involved in a traffic accident while driving under the influence is a significant aggravating factor that may lead to harsher sentencing. DUI drivers involved in such an accident may be subject to more severe sentences because their intoxication could have easily led to serious injury or death.

During sentencing, the judge will schedule a restitution hearing to allow the prosecutor to reach out to the affected victim. The defendant must pay their victim a set restitution amount for damages incurred. This payment is required out of pocket if the defendant’s insurer has not fully compensated the victim or if the damages incurred have exceeded their coverage limits.

Besides the restitution amount, DUI drivers involved in traffic accidents face onerous conditions of their probation. These may include community labor or service and the completion of a longer alcohol and drug education program. This ensures that they learn about the inherent risks of driving while impaired.

2. Prior Driving Under the Influence Convictions

Having prior DUI convictions triggers mandatory sentencing requirements. Such convictions within the last ten years require a jail sentence plus at least 18 months of alcohol and drug education classes. A fourth DUI offense in ten years may lead to a felony charge. Past convictions even beyond the ten-year period may still be taken into consideration by prosecutors and judges.

3. High Blood Alcohol Content

An excessively high blood alcohol content (BAC) is a significant aggravating factor that may lead to severe sentencing. The legally accepted BAC limit in California is 0.08 percent. Drivers with a BAC higher than .15 or .20 percent could face more extensive penalties.

Judges and prosecutors are often concerned about defendants who were highly intoxicated while driving because of the increased danger of causing serious accidents and deaths. Such drivers may be required to complete alcohol and drug education programs lasting more than the standard three months. Their sentencing may also include community labor or service.

4. DUI Chemical Testing Refusal

Refusing to take a chemical test when charged with a DUI offense is another serious aggravating factor that could lead to harsh penalties. Such a driver risks the revocation of their driving license for one year without a restricted license. They may also spend at least 48 hours behind bars, do community service or labor, and complete longer alcohol and drug education programs.

Why You Need an Experienced Los Angeles DUI Attorney

If you face potential penalty enhancements during your DUI case, it is crucial to hire an experienced Los Angeles DUI attorney immediately. They can help navigate your arrest and subsequent case with ease by:

– Providing legal counsel: An attorney can explain your rights and ensure you receive a fair hearing.
– Preparing a defense: An attorney can investigate the circumstances surrounding your case and build a robust defense.
– Assisting with plea bargains: An attorney can negotiate with prosecutors for lesser charges or reduced sentencing.
– Representing you in court: An attorney can represent you in court and fight to have the charges against you dismissed or reduced.

Conclusion

Having a DUI conviction in Los Angeles can have significant consequences. Besides jail time, community labor, and probation, the defendant also faces other penalties such as expensive fines and restitution payments. An experienced DUI attorney can help navigate the complex legal process and work to ensure a fair outcome.