If you have a child present in your vehicle at the time of a DUI stop, know that you are in real danger of losing custody of your child. The state of California penalizes Driving While Under the Influence (DUI) charges for certain enhancements. Driving while intoxicated with a child is considered reckless behavior that needlessly endangers the child.
Defense Attorney for DUI with Child Passenger in San Diego
Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of every manner of DUI crime, and is ready to build your DUI with child passenger case. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, and San Diego proper.
Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.
Overview of DUI with Child Passenger in California
- DUI with Child Passenger in California
- Penalties for DUI with a Child Passenger
- Child Custody after DUI with Child Passenger
- Compliance with Court Requirements
- Additional Resources
- Hire an Attorney for DUI with Child Passenger in San Diego
DUI with a Child Passenger in California
Under California Vehicle Code Section 23572, driving under the influence (DUI) with a child passenger is considered an aggravating offense. This law enhances the penalties for individuals convicted of DUI when a child under 14 years old is in the vehicle at the time of the offense.
This enhancement applies regardless of whether the child was harmed or placed in direct danger. If the child was at all present in a vehicle when its operator is arrested for a DUI, the operator will be charged with the enhanced DUI.
If the child sustains injuries, or if the DUI arrest was the result of a crash or reckless driving, the operator may also be charged with child endangerment under Penal Code Section 273a.
Penalties for DUI With a Child Passenger
The enhanced penalties for a DUI with child passenger are as follows:
- For a first offense, an additional 48 hours of mandatory jail time is imposed.
- A second offense increases this enhancement to 10 additional days in jail
- A third offense carries a 30-day enhancement
- For a fourth or subsequent offense, an extra 90 days of are added.
These enhanced penalties are served consecutively, meaning they are added to the base DUI sentence. This means that if you are required to serve 3 days in jail for a base DUI, but have a child in the car, you will need to serve an additional 48 hours, for a total of 5 days in jail.
Child Custody
If you’ve been charged with a child-related DUI, you can expect worse or no leverage in child custody cases, especially if you are also charged with child endangerment. The court views the presence of children in drunk-driving incidents as placing the child in danger, and will likely view you as a risk to the child if granted custody.
Even if you are not involved in a child custody case, the state may step in and take your children, as it may deem you unfit to parent the child. This chance increases if the accident results in serious injury, and especially after multiple DUI offenses.
Compliance With Court Requirements
Your attorney will do their best to reduce your charges or have them dismissed, but many times the only solution is to accept certain conditions for reduction. These can include imposed driving curfews, the use of IIDs and other restrictions. Failing to comply with these requirements will strengthen the court’s stance that you are a danger to your children and may result in a reinstatement of the original penalties.
Additional Resources
DUI Crackdown by California Office of Traffic Safety – The “DUI Crackdown” page from the California Office of Traffic Safety provides information on the consequences of drunk driving and initiatives to prevent it. It includes tips for reporting drunk drivers, statistics on the impact of impaired driving, and details about the Designated Driver VIP (DDVIP) program, which rewards sober drivers.
San Diego Superior Court’s Probation and Sentencing Handbook – The San Diego Superior Court’s handbook is a reference guide for probation and sentencing in infractions and misdemeanors. It provides recommended fines, mandatory and discretionary terms for sentencing, and details for common offenses. While focusing on judicial discretion, it outlines conditions for probation, applicable fines, and legal requirements.
Substance Abuse Treatment Locator by U.S. Department of Health & Human Services – The Substance Abuse Treatment Locator is a tool provided by the U.S. Department of Health & Human Services to help individuals find treatment for mental health and substance use disorders. The site offers resources for locating facilities, understanding treatment options, and exploring payment solutions.
Hire a Defense Attorney for DUI with Child Passenger in San Diego
Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of every manner of crime, and is ready to build your DUI with child passenger case. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon and San Diego proper.
Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.