Commonly Encountered Enhancements

What is a sentence “enhancement”? Or commonly encountered enhancements? Most states increase 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 — usually within five or 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 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). In most states, the existence of significant personal injury caused by drunk driving elevates the offense to a felony. A death can trigger manslaughter or even, in a few states (including California), murder charges.