It could lead to a separate criminal charge in addition to a DUI sentencing enhancement.
With a holiday weekend fast approaching, many people are gearing up for picnics and celebrations. Parents often bring their kids to these events — barbecues at the pool, family picnics, or parties at a park. While these celebrations can be a lot of fun, when they involve alcohol, they can also present a serious danger. If a parent has a few drinks at a gathering, what seemed like an innocent get-together can quickly turn into a nightmare — leading to a DUI arrest or even additional criminal charges for endangering your child or children.
As a Los Angeles DUI defense lawyer will tell you, California takes the crime of driving under the influence (DUI) very seriously, with even first-time offenders facing potential jail time. If you are caught driving under the influence with your kids in the car, the potential penalties are even higher. Not only are you putting your kids at risk of injury or death, but you are risking a sentencing enhancement on your DUI charge and even a criminal charge on top of the DUI charge. Under California law, if you are arrested for misdemeanor driving under the influence and had a child under the age of 14 in your vehicle at the time of your arrest, you will face sentencing enhancements. This means that on top of whatever sentence that you will receive for your DUI (which could include jail time, mandatory DUI classes, probation, fines, fees, and more), you will receive further penalties. For a first violation, that will mean spending up to 48 hours in jail. If you violate the law a second time, then you will be sentenced to up to 10 days in jail. A third violation will land you in jail for up to 30 days, while a fourth conviction can lead to up to 90 days in jail.
Of course, these sentence enhancements only apply if the prosecutor decides to simply charge you with a DUI and enhance your sentence, rather than charge you with a separate offense of child endangerment. Depending on the facts and circumstances of your case, the prosector might decide that your actions were so egregious that a misdemeanor or felony child endangerment charge is warranted. This law allows anyone who willfully causes or allows a child to be placed in a situation where his or her health or safety is put in danger — such as being in a car with a drunk driver. You could be charged with this instead of the sentencing enhancement, or in addition to the sentencing enhancement, which means that you could face quite a heavy penalty for driving under the influence with a child in the car. The offense of child endangerment carries a penalty of between one year in jail to up to six years in state prison, based on whether it is charged as a misdemeanor or a felony.
If you have been charged with a DUI, particularly one involving a child in the car, you will need a skilled Los Angeles DUI defense lawyer to represent you. The potential of receiving a sentencing enhancement for your DUI, a separate criminal charge or both makes it all the more important that you have a top-notch attorney on your side. At the Chambers Law Firm, our team of highly experienced professionals will vigorously defend clients who have been charged with DUIs in Los Angeles and the surrounding areas. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn more about how we can help you.
