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DUI and Sentencing Enhancements

June 11, 2012 | Comments: 0 | Views: 215

Drunken driving is a crime. In some states, there is zero tolerance for DUI, based on the consequences:

These side effects of driving under the influence is the danger of injury or death posed toward the driver themselves, and the public at large. This claim is backed by statistics, where according to reports by Mothers Against Drunk Driving or MADD, there's an alcohol related death every forty minutes within the United States. This data sheds light on the immensity of the problem, and for this reason, the offense isn't usually taken lightly.

As a result, there are certain aggravating factors that will enhance sentencing for DUI. These most common reasons for DUI sentencing enhancement include:

· Repeat Offenses - in most courts, criminal records are usually taken into account in new trials. With each new DUI arrest, offenders are subject to increased jail time and fines.

· Drunken Driving with a Minor - In addition to being charged for DUI, offenders may also be prosecuted for child endangerment.

· Vehicle Manslaughter while Intoxicated - This is a subdivision of murder, and can therefore be categorized as a misdemeanor or felony, based on an extensive examination of the case.

· Underage Drunk Driving - According to Mothers Against Drunk Driving, the blood alcohol limits for individuals under the age of twenty one are read at 0.02%, compared to the cut off limit of 0.08% for adults.

· Driving on a Suspended License - Ignoring court orders can lead folks into even more hot water. For DUI offenders with a prior, driving on an invalid license is no laughing matter. Some states will go as far as to impound, or sell the owner's vehicle; or cancel the driver's license entirely. These measures are usually taken to prevent further risks of injuries or deaths.

· DUI and Speeding - As speeding itself is a hazard, couple that with the danger of impaired judgment from alcohol, and drivers will face even higher fines.

The consequences of DUI in court will usually include one or more of the following:

· License suspension

· Possible jail time

· Monetary fines

· Ignition interlock device

· Probation

· Community service

· DUI school

Those who are arrested for DUI, and accompanied by these aggravating factors typically face higher fines, jail time, and longer terms for DUI school, probation and community service.

Despite these aggravating factors, DUI lawyers can research the case, to determine whether drivers were in fact guilty of the crime. Innocent or guilty, working with a lawyer will usually mean more positive outcomes for the case, especially where sentencing enhancement is concerned.

Randy Collins is a criminal defense lawyer at http://www.cmcdefense.com

Source: EzineArticles
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