Los Angeles DUI Lawyer Blog
If you are stopped for suspicion of driving under the influence, you may potentially be facing a DUI conviction. There are certain elements that must be proven by Prosecutors beyond a reasonable doubt before a person can be convicted. They must show that the driver was driving at the time they were stopped, and they were intoxicated. Both elements must be present prior to a conviction being made.
There are also additional elements that can work to enhance a conviction. This means that you may be facing additional sentencing if one of these elements are found to be present in your case. An example of such enhancements, is if there is a high blood alcohol content, or if the driver is speeding. One of the elements that can cause a driver to face additional sentencing is if there are minors present in the vehicle when the driver is stopped for suspicion of a DUI.
Like all other offenses, the sentence will increase with the number of times the offense occurs. This also means that you could possibly be facing additional sentencing, on top of the DUI sentence.
If it is your first offense for a DUI, and there are one or more minors in the vehicle, you could be facing 48 continuous hours in jail and no stay of your sentence. If it is your second DUI offense, then you are facing an additional 10 days in jail, and no stay of your sentence. If it is your third DUI offense, then you are facing 30 days in jail with no stay. And if it is your fourth or more, then you are facing 90 days in jail with no stay on the sentence.
Let’s consider an example to better explain how sentencing works. David is driving his kids home from a barbeque. He has had a few beers at the barbeque but feels that he is able to drive. When he is pulled over, he blows a .12 in the alcohol screening test. He has also been convicted of a DUI three years ago. He appears in court and accepts a plea bargain pleading guilty to the DUI. He is sentenced to three years summary probation, community service, alcohol rehabilitation, a fine, and 60 days in jail.
Because David had his children in the car, he will also be facing an additional 10 days in jail, on top of the 60 days he will be serving for the DUI.
If you are facing a DUI, and have had minors in the vehicle, your case can get messy very quickly. It is highly advisable that you contact a Los Angeles DUI Lawyer as soon as possible and speak to a professional about your possible arguments and defenses.