Sentencing Enhancements
Certain facts known as sentencing enhancements can substantially increase the court punishment in driving under the influence cases. Sentence enhancements vary from state to state, but may include speeding, drunk driving with children in the car, or being involved in a traffic accident. A skilled DUI / DWI attorney from www.NotDrunk.com can determine whether sentencing enhancements are likely to be added in a particular case and develop an aggressive strategy to fight them.
The addition of sentencing enhancements can impact every aspect of court punishment, including longer jail sentences, higher fines, lengthier driver’s license suspensions, longer mandatory education requirements, and more restrictive probation.
Sentencing enhancements are typically charged when the original drunk driving complaint is filed, but can also be added at a later date so long as the case is still pending and the addition of enhancements won’t threaten the driver’s right to a fair trial. Like the underlying DUI charge, any sentencing enhancements must be proven beyond a reasonable doubt or the sentence cannot be enhanced.
Speeding is a common sentencing enhancement in DUI / DWI cases in many states. Most states that allow this type of sentence enhancement set a threshold for speeding – the driver must be accused of traveling a certain number of miles per hour over the speed limit in order to face this enhancement. Many states set separate thresholds for freeway or surface street speeding.
Some states allow a sentencing enhancement of reckless driving if the driver is alleged to have been speeding. If both allegations are found to be true, the motorist may face jail or another punishment in addition to any other sentence handed down. The successful pursuit of a reckless driving enhancement typically requires proof that the driver had willful or wanton disregard for the safety of people or property, and wasn’t merely driving too fast.
Many states also allow for a sentencing enhancement in drunk driving cases where there were children in the car at the time the driver was stopped and arrested for DUI / DWI. Different states set different age limits for what constitutes a child – many states set the limit at age 14 or older. A driver charged with this sentence enhancement may also face a child endangerment charge.
Drivers involved in alcohol-related traffic accidents also may face a sentencing enhancement. In addition, collisions that cause injury to someone other than the driver are typically charged as felonies. If a sentencing enhancement related to an alcohol-related crash is proven, the driver faces additional punishment.
Other factors in drunk driving cases can prompt sentencing enhancements, including prior DUI / DWI or “wet-reckless” convictions, and drunk driving offenses that involve death or multiple victims. If proven, these allegations can result in serious consequences.
Prosecutors tend to pile on sentencing enhancements in driving under the influence cases, so it’s imperative to have a top attorney protecting the driver’s rights. A skilled DUI / DWI defense lawyer from www.NotDrunk.com will use a proven defense strategy to aggressively fight both the underlying drunk driving and any sentencing enhancements.