Enhancements are facts which legally require a more severe punishment under the law. The most common enhancement is the high BAC enhancement. if your BAc was .20% or more, the law requires a 10-month suspension rather than 6 for the conviction. In addition, it requires a 9-month class rather than the 3-month minimum.
A more serious enhancement commonly charged is the “Speed enhancement”. For this enhancement, the facts of your case need to include a speed of 30 mph over the speed limit on a freeway, or 20 mph over the speed limit on a street. In addition, it requires reckless driving. So, the basic elements are DUI + Speeding + reckeless driving. A DUI attorney will want to look closely at the details for your defense.
For example, is it enough that each element have occured, or must they all occure at the same time. This issue has not been litigated enough to have a published opinion tell us. Sound analysis of the legislative intent does indicate however, that the increased punishment of 60 days in jail was intended for someone who committed all these acts at the same time. It was not intended for someone who happened to commit these three crimes at different times.
What else does the speed enhancement require?
If it requires DUI + Speeding + Reckless driving, then it requires all elements of each offense.
DUI = Driving while impaired or .08% BAC.
Speeding = driving more than 30 mph over 65 (freeway) of 20 mph over speed limit on a street (posted speed limit usually)
Reckless driving has many elements when you break it down: It requires:
Intentional Act With Knowledge of Probably Injury
OR
Intentional Act done with Willful and Wanton Disregard of Possible Injury
See a California case which describes the difference: Reckless Driving Elements
Each possible way to prove Reckless Driving has different elements. First consider Intentional Act with Knowledge of Probable Injury:
Now consider the alternate way to prove Reckless Driving; Intentional Act with Willful and Wanton Disregard of Possible Injury:
