Legal Question in DUI Law in California

Re: Initial charges\ Enhancements later

The short answer is yes. The police indicate what crimes they believe have occurred, and then the prosecutor, who receives the police report, may later get a blood test, or run a record of "priors", and change the charges, add or delete charges, and add enhancements. Enhancements may be added even after a plea of not guilty, although not after a plea of guilty, generally.

A defendant may be charged with priors from another state after the D.A. learns of them AND files an enhancement, which often time they will not.

I hope this answer helps - but if you do have any questions, please feel free to email [email protected], or call me toll free at 1-877-568-2977.

Re: Initial charges\ Enhancements later

GP,

Yes enhancements can be added and priors may be detected by the prosecutor. As a practical matter, there is a tremendous volume of DUIs and the prosecutors will not check. If you need further help, feel free to contact-Martin

Re: Initial charges\ Enhancements later

Additional charges can be added after the date of arrest. The prosecuting office is who determines the charges. The police officer is only to give them the basis of what the arrest is on. The priors can be brought up depending on the charges. It goes to show that there is a pattern of criminal activity and whether or not you have a probation violation. If you would like to discuss this further, please contact my office at 310/277-1707.

Sincerely,

Lawrence Wolf, Esq.