As with other criminal offenses, California statute establishes a range of possible sentences for a DUI conviction.  One factor in the sentence actually received is what court hears the case.  For example, a Los Angeles court may offer the typical first time DUI offender three years of probation, a $390 fine and a three month AB541 alcohol program.  Those terms may vary if you are in Orange County and may be yet different depending on whether the case is heard in Central (Santa Ana,) Harbor (Newport Beach,) North (Fullerton) or West (Westminster.)  Far more important, however, are factors of mitigation or factors of aggravation.

Mitigating Factors

Although not available as a defense to the charges, factors of mitigation make the incident seem less serious and therefore less likely to be deserving of harsh sanctions.  An offender who has a clean driving record and a BAC only marginally above the legal limit or one who has inadvertently mixed a prescribed medication with alcohol, for instance, is probably a good candidate for a minimum range sentence, and under some circumstances, an experienced Orange County DUI attorney can use mitigating factors to negotiate a plea deal to a lesser charge.

Aggravating Factors

Alternately, other factors can be present that serve to make the offense measurably more serious even if only for the potential harm that could have been caused and not any actual negative consequence.  Aggravated DUI may be charged in such circumstances as:

• Extreme DUI; enhanced sentencing is the norm when the offender’s BAC is 0.15 percent or greater.
• Minor in the Vehicle; by statute, a minor for these purposes is defined as an individual under 14.
• Multiple DUIs; the “look back” period when the court can use a prior conviction as a sentence enhancement is 10 years in California.
• Excessive Speed; defined as 20 mph over the speed limit on surface streets and 30 mph in excess of freeway limits.
• Driving with a Suspended License; the driver not only faces the new DUI charges and driving on a suspended license charges but also sanctions for violating terms of probation on the underlying charge regarding the license suspension.
• DUI Accident or Hit and Run; if any personal injury is involved, felony DUI charges are quite possible
• Chemical Test Refusal; under the state’s so-called “implied consent” law, each driver, as a condition of receiving a driver’s license, agrees to a chemical test to determine his or her BAC if arrested for DUI.
• Underage DUI; California is a zero tolerance state regarding underage drinking, which translates to a BAC of above 0.01 for DUI purposes.