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 Virginia Law increases 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 within five years of the current offense. Other commonly encountered enhancements include: 
 A child was in the car at the time.  The blood-alcohol concentration (BAC) was over .15 or 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).  The existence of any personal injury caused by drunk driving may elevate the offense to a felony. A death can trigger manslaughter or even, if special circumstances exist, murder charges.

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Bob Keefer: Virginia DWI DUI & Drunk Driving Lawyer representing people charged in Virginia with DWI DUI & Drunk Driving

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Q: What is a sentence "enhancement"?

A:

Virginia Law increases 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 within five years of the current offense. Other commonly encountered enhancements include:

A child was in the car at the time.
The blood-alcohol concentration (BAC) was over .15 or 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).
The existence of any personal injury caused by drunk driving may elevate the offense to a felony. A death can trigger manslaughter or even, if special circumstances exist, murder charges.


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