Question:

What is a sentence "enhancement"?

Answer:

California law increases the punishment in drunk driving cases if certain facts exist. The most common of these is an earlier conviction for the same or a similar offense within seven years of the current offense. Other commonly encountered enhancements (which must usually be alleged in the complaint) include:

• A child was in the car at the time.
• The defendant was traveling 20 or 30 miles over the speed limit at the time.
• The blood-alcohol concentration (BAC) was over .20%.
• The defendant refused to submit to a chemical test.
• There was property damage or injury.
• The defendant was under 21 ("zero tolerance" laws commonly require a much lower blood-alcohol level and impose longer license suspensions).

The existence of any personal injury caused by drunk driving elevates the offense to a felony. A death can trigger manslaughter or even, if special circumstances exist, murder charges.

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