What is a sentence "enhancement"?
Arizona, like 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 years of the current offense. Other commonly encountered enhancements (which must usually be alleged in the complaint) include:
1. A child was in the car at the time.
2. There was property damage or injury.
3. The blood-alcohol concentration was over .15%.
The Arizona courts have held that an automobile is a dangerous instrumentality. Accordingly, it is not uncommon for the state to charge an aggravated assault or manslaughter when an DUI involves an accident or injury.
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