WHAT HAPPENS WHEN YOU GET A DUI WITH A CHILD IN THE CAR?

The child’s best interests are the highest priority of most, if not all, legal systems in the world. California’s legal system tops this list, and as a result, there are various laws in place to protect our children. This is why a DUI with a child below 14 years is considered a serious offense in California.

What Comprises a DUI?

Section 23152 of the Vehicle Code criminalizes the act of driving while under the influence. Anyone guilty of this offense gets charged with a DUI, which attracts various penalties as highlighted under the Vehicle Code. While there are different types of DUI charges, this article will focus on DUI charges where children were involved.

The Vehicle Code under section 23572 further criminalizes driving under the influence with a minor below 14 years of age as a passenger. The court imposes harsher penalties for a DUI involving children by enhancing the penalties for driving under the influence.

Penalties for Violating Section 23152

A. As per Section 23536

Imprisonment in a county jail for a period of between 96 hours (at least 48 hours of which must be continuous) to six months; and
A fine of between $390 to $1,000.
Suspension of your driver’s license; and/or
Restrictions on issuing a restricted driver’s license as per Section 13352.4 of the Vehicle Code.

The court can order that a defendant be imprisoned on days that are not his or her regular working days according to section 23536 of the Vehicle Code.

These penalties can be enhanced for a further 48 continuous hours in county jail by the court in cases where you get a DUI with a minor of below 14 years in the car.

B. As per section 23540

Imprisonment in a county jail for a period of between 90 days to 1 year; and
A fine of between $390 to $1,000;
Suspension of your driver’s license; and/or
Restrictions on issuance of a restricted driver’s license as per Section 13352.4 of the Vehicle Code.

These punishments are applicable where a defendant is convicted of a violation of section 23152, and the offense occurred within 10 years of a conviction for reckless driving as per section 23103.

These penalties can be enhanced for a further 10 days in county jail by the court in cases where you get a DUI with a minor of below 14 years in the car.

C. As per section 23546

Imprisonment in a county jail for a period between 120 days to 1 year; and
A fine of between $390 to $1,000; and
Revocation of a driver’s license
Suspension of your driver’s license; and/or
Restrictions on issuing a restricted driver’s license as per Section 13352.4 of the Vehicle Code.

These sentences are applicable where a defendant is convicted of violating section 23152, and the offense occurred within 10 years of two separate convictions of reckless driving as per Section 23103 of the Vehicle Code.

Moreover, a defendant becomes a habitual offender for three years upon being convicted of this offense.

These penalties can be enhanced for a further 30 days in county jail by the court in cases where you get a DUI with a minor of below 14 years in the car.

D. As per section 23550

Imprisonment according to section 1170 of the Penal code or in a county jail for a period of not less than 180 days to 1 year; (an offender of this becomes a habitual offender for a period of three years post being conviction); and
A fine of between $390 to $1,000;
Suspension of your driver’s license; and/or
Restrictions on issuance of a restricted driver’s license as per Section 13352.4 of the Vehicle Code.

These apply where a defendant is convicted of violating section 23152, and the offense occurred within 10 years of three or more convictions for reckless driving. An offender becomes a habitual offender for three years following a conviction under section 23550.

Notably, these penalties can be enhanced except where the defendant has also been convicted of child endangerment, abandonment, and neglect as per Section 273a of the Penal Code arising out of similar facts.

These penalties can be enhanced for a further 90 days in county jail by the court in cases where you get a DUI with a minor of below 14 years in the car.

Child Endangerment

The Penal Code under section 273a also called child endangerment, criminalizes:

Permitting a child to suffer unnecessarily
Inflicting unjustifiable pain and suffering, whether physical or mental, in a child
Poaching a child in a situation where their health and safety are compromised

An adult’s action or lack of it can attract a child endangerment charge. This is to the extent that the adult directly causes the abuse or permits it through neglect.

A child endangerment charge may be based on an adult’s action or an adult’s failure to act, that is, by inflicting abuse directly or by allowing child endangerment through neglect.

This charge can be classified as a misdemeanor or felony based on the specific facts of each case. For instance, if a child is in a situation where bodily harm or death is likely to occur then the charge will be filed as a felony.

This is why driving under the influence with a child below 14 years should be avoided.

Elements of A DUI and Child Endangerment

If you are charged with a DUI and child endangerment, there are two issues to consider:

Were you guilty of a DUI?
Was the minor below 14 years of age?

Penalties for Child Endangerment

As a misdemeanor, child endangerment is punishable with up to 1 year in county jail. On the other hand, as a felony, it attracts imprisonment of up to 6 years in state prison.

Defenses

A defendant accused of a DUI with a child in a car can invoke the following defenses:

Inaccurate breath alcohol testing
Illegal stop of a person without probable cause
There was no child below 14 years in the vehicle

Child endangerment is a serious offense that can have lifelong repercussions for you or your family. In some cases, prosecution may seek DUI sentencing enhancements where they feel the situation was more serious. Torrance’s Criminal Defense Heroes P.C. has vast experience defending DUI charges so that your future doesn’t seem so bleak at first glance. Call us now at +323-529-3660 to schedule your first consultation!