The penalties for DUIs with a child passenger are severe — and may even result in a separate criminal charge.
If you’re arrested for a first-time DUI in California, there is a strong likelihood that the offense will be charged as a misdemeanor — unless there is an aggravating factor present. One of these factors is child endangerment — and it can even be charged as a separate crime on top of the DUI.
What Is A DUI With A Child In The Car?
Under California law, if you have a child or children under the age of 14 in the car while you are driving under the influence, you will likely be charged with an enhanced DUI because you have endangered a child. It does not matter if you intended to hurt the child, how drunk you were, or how well you were driving — the presence of a child under the age of 14 in your car is enough to prove the child endangerment enhancement under California Vehicle Code 23572. There are only two elements to this crime: that you were driving under the influence and that there was a child under the age of 14 in the car with you while you drove under the influence.
Penalties for DUI With A Child In the Car
There are two ways that you can be punished for a DUI with a child in the car. The prosecutor can ask for a sentencing enhancement for the DUI, or charge you with a separate crime of child endangerment — or both. The penalty will then depend on the specific facts of your case.
If you are convicted of a DUI with a sentencing enhancement, you will be required to serve your DUI sentence as well as an additional sentence of mandatory jail time. This ranges for 48 hours in jail for a first-time conviction to up to 90 days in jail for a fourth or more misdemeanor DUI conviction. The maximum penalty for a sentencing enhancement is 180 days in jail.
The prosecutor may also elect to charge you with the crime of child endangerment under California Penal Code 273(a). This law makes it a crime to purposefully place a child in a situation where his health or welfare may be endangered — which includes driving under the influence with a child in the car. Unlike Vehicle Code 23572, this crime can be charged regardless of the age of the child (as long as the child is under 18). It can be charged as either a misdemeanor or a felony. A misdemeanor conviction will result in a county jail sentence of up to one year. A felony conviction can result in a jail sentence of up to 6 years in California State Prison.
While the prosector can charge you with both the enhanced DUI and child endangerment, if you are convicted of both a DUI and the crime of child endangerment, the court cannot impose the sentencing enhancement for the DUI. In most cases, the prosecutor will not elect to charge you with the crime of child endangerment. This charge is typically reserved for the most severe instances of driving under the influence with a child in the car.
Defending Against A DUI With A Child In The Car
The only way to fight an enhancement of child endangerment under Vehicle Code 23572 is to have the separate DUI charge reduced or dismissed. If you are not convicted of driving under the influence, it follows that you could not have driven under the influence with a child in the car. If you are convicted of a DUI, then all the prosecutor has to do is show that a child under 14 was in the car with you when you drove to secure the enhancement. This shows the importance of having a skilled Santa Ana DUI lawyer to defend you on a DUI charge. If the charge is dismissed or even reduced to a wet reckless, then the child endangerment enhancement will also be dismissed.
Keeping your children safe is a priority for all Californians. If you are planning to drink, be smart — have a designated driver or call a taxi or an Uber to avoid putting the life of your children in danger.
If you have been charged with a DUI with a child in the car, it is critical that you retain an aggressive Santa Ana DUI lawyer as soon as possible. This attorney can analyze the facts of your case to determine if there are any possible defenses, and can negotiate with the prosecutor to potentially have your charges reduced or dismissed. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to learn how we can help defend your legal rights in cases involving child passengers.
