Oklahoma's Oldest DUI Defense Firm

Attorneys Stephen G. Fabian Jr. and Brian P. Young

Understanding potential enhanced sentencing for DUI charges

On Behalf of | Jan 14, 2020 | DUI - Drunk Driving |

Oklahomans who are confronted with charges related to driving under the influence will have many concerns. These include possible jail time, fines, lost driving privileges and more. What can make the situation worse is if there are enhanced DUI sentences.

When arrested for DUI, it is wise to know what can spark a sentence enhancement. The situation will dictate whether this will happen. The person can have a larger fine, a driver’s license suspension that is longer than it otherwise would have been, and a mandatory jail sentence. If a person has a previous conviction for DUI, that can result in sentence enhancement. The time-period between DUIs can be critical. For example, if it was within 10 years, the enhanced penalty may differ if it was within five years. The blood-alcohol concentration (BAC) for a DUI arrest is generally 0.08%. If it is higher, that can result in a worse sentence.

Enhanced penalties can be assessed for refusing to submit to a breath test. The driver’s license can be suspended immediately for refusal. People who commit DUI with a child in the vehicle will have committed child endangerment. This may be cause for enhanced DUI sentencing. After an accident in which there is property damage, there can be enhanced penalties. If another person suffers bodily injury, the enhanced penalties can be substantial.

There are other factors that might warrant enhanced penalties including driving without a valid license, being on probation for other violations, an open container being in the vehicle and committing DUI with an ignition interlock device installed. Any DUI case can be challenging, but enhanced penalties can be severe and life-changing. The evidence should be analyzed to determine a preferred course of action. Having legal guidance experienced with DUI defense may help.