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DUI Special Allegations Problems in California


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11/17/2008
Anders Johnson
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Representing a client with a DUI in San Francisco and the Bay Area, and in California in general, can be daunting when "special allegations" are involved.  A goal of the DUI attorney would be to eliminate these special allegations, as they will invariably increase any sentence the client could receive.

Some examples of special allegations are:

  1. Driving over the speed limit
  2. Causing injury to another person, whether it is another vehicle, or the client's own passenger
  3. Having children in the car under a certain age.  The younger the child, the worse the sentencing options.
  4. Having a blood alcohol content limit above a certain level.  A BAC of 0.20, for example, is treated differently than a 0.10.
  5. Refusing to take a chemical test when asked

Obviously some of these could also result in a DUI charge that is a felony, versus a misdemeanor.

A good DUI lawyer will try to eliminate these special allegations if possible, and certainly will try to negotiate the allegations if it gets to that point.  Failure to do so could dramatically increase penalties for your client.



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