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Plea Bargains: What are the factors or special allegations that will increase a person's exposure to

07th June 2006
By Darren Kavinoky in Legal
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Plea Bargains:

What are the factors or special allegations that will increase a person's exposure to jail time/harsher punishment in a misdemeanor case?

There are a number of factors or special allegations that will increase a person's exposure to harsher punishment in a misdemeanor case. The increased punishments include greater fines, mandatory attendance in longer alcohol education courses, and a required period of incarceration in the county jail.

Refusing to Submit to a Chemical Test (VC 23577)

If a person is arrested for VC 23152, a DUI charge, and at the time of the arrest refused to take a chemical test, then the defendant's driving privileges will be suspended for a period of 6 months as an enhancement, in addition to the penalties for the DUI conviction.

Excessive Blood Alcohol Content (VC 23578)

If a person is convicted of VC 23152 with a BAC of .20% or greater, then the court is afforded the ability to enhance the sentencing of the defendant. In addition, if probation is granted, additional or enhanced terms and conditions of probation may be instituted.

Repeat Offenders: Mandatory Imprisonment (VC 23580)

If any person is convicted of a violation of 23152 and the offense was a second or subsequent DUI offense, the court shall require a term of imprisonment in the county jail between for a minimum of 48 consecutive hours or a minimum of 10 days of community service.

Speeding: Additional Penalty (VC 23582)

Any person who drives a vehicle in excess of 30 mph of the posted speed limit on the highway, or 20 mph over the posted limit on a street or highway, shall be punished by an additional and consecutive term of 60 days in the county jail.

On the first conviction of this section, the court shall order the driver to participate and complete an alcohol or drug education and counseling program.

DUI Penalties for Drivers Under 21 (VC 23502)

If a driver under 21 is convicted of having a BAC above .01%, they will have their driver's license suspended for a period of one year.

DUI with a Minor Passenger (VC 23572)

If the driver is DUI and has a child under the age of 14 in the vehicle, then a number of enhanced penalties may be imposed. Mandatory jail time between 48 hours and 90 days in jail may be imposed.

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About the Author
Occupation: Lawyer
Darren Kavinoky is a Los Angeles-based criminal defense lawyer who practices throughout California. He is the Managing Shareholder of The Kavinoky Law Firm, an 11-lawyer criminal defense firm that handles criminal defense matters exclusively. Darren has provided legal commentary on Larry King Live, the Today Show, Celebrity Justice and many other TV and radio programs. He is a nationally-renowned lecturer and author who delights in sharing his experience with others. More information about Darren and The Kavinoky Law Firm can be found at or and
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