Factors that can add to the penalties of drunk driving

Being stop, subjected to breath tests and subsequently arrested on a DUI charge can end up with some serious consequences. There are certain circumstances that can make the DUI sentence even harsher and under these conditions, you definitely need a DUI attorney in Newport Beach. Every state looks at a DUI as a serious charge and even at the best of times the penalties are stiff. Here are a few of the factors that can influence a DUI penalty.

Prior conviction: Every state enhances the penalty for a DUI if there were previous arrests and convictions on the same charge. There are some jurisdictions that only go back five or 10 years and others that consider any previous conviction a reason to enhance the penalty.

High BAC: BAC is blood alcohol content; the normal is 0.08 percent at which you can be charged with a DUI. Many states enhance the penalty if the BAC was above that at the time they were arrested. In most cases a BAC of 0.15 percent is considered well above normal and one can expect a sentence higher than otherwise would be handed out.

Breath test: Although any DUI attorney in Newport Beach will tell you that you have the right to refuse taking a breath test, the actual refusal to do so may subject you to more and stiffer penalties than you would have got if you went along with the test. In some states the refusal to take the breath test results in immediate revocation of your driving license and even can lead to jail time.

Endangerment: When you have a minor child in the car at the time of the arrest the sentence can be increased.  Regardless of whether the child is yours or another child, the crime of wanton endangerment will be added to the charge.

Property damage: If you were in an accident while driving impaired the penalties in most states will be enhanced. This is even more so if there were injuries or you were found to be driving without adequate insurance.

These are not the only issues that may have an effect on the penalties handed down by the court. It is recommended that you hire a DUI attorney in Newport Beach to guide you.

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