DUI with Minors in California
What Are the Legal Consequences of a DUI in California?
Driving under the influence (DUI) in California carries severe legal consequences. Penalties for a first-time DUI offense may include fines ranging from $390 to $1,000, mandatory attendance at DUI school, probation, and a license suspension for six months. Additionally, you may face up to six months in county jail, although jail time is often waived in favor of probation for first-time offenders.
Subsequent DUI offenses result in progressively harsher penalties. A second DUI within ten years can lead to fines between $390 and $1,000, increased DUI school requirements, a two-year license suspension, and a possible jail sentence of up to one year. Third and subsequent offenses can result in even longer license suspensions, longer mandatory DUI school, and more extended jail or prison sentences.
For DUIs involving injury or death, the penalties are significantly more severe. These can include substantial fines, long-term imprisonment, and license revocation. Additionally, DUI offenders are required to install an ignition interlock device (IID) in their vehicles for a specified period.
How Does Having Children in the Car Affect DUI Charges?
Having children in the car while committing a DUI offense in California significantly elevates the seriousness of the charges. This situation is considered an aggravating factor and can lead to enhanced penalties. When minors are present in the vehicle, the driver not only faces standard DUI penalties but also additional charges related to child endangerment.
California law recognizes the heightened risk to children and imposes stricter consequences for DUIs with minors in the car. These additional charges can lead to longer jail sentences, higher fines, and extended probation periods. Furthermore, the presence of children in the vehicle can trigger an investigation by Child Protective Services (CPS), potentially leading to additional legal and social consequences for the driver
What is California Vehicle Code Section 23572, and How Does it Apply to DUIs with Minors?
California Vehicle Code Section 23572 specifically addresses DUI offenses committed with minors in the car. If you are convicted of a DUI and had a passenger under the age of 14 in the vehicle, this statute mandates additional penalties on top of the standard DUI penalties. The intent is to increase the severity of the punishment due to the heightened risk to the child’s safety.
What Are the Enhanced Penalties for DUI with Minors in the Vehicle?
Drivers convicted of DUI with minors under the age of 14 in the vehicle face enhanced penalties under California Vehicle Code Section 23572 VC. These enhanced penalties are in addition to the standard DUI penalties and reflect the state’s serious stance on child endangerment.
- First Offense: 48 hours in jail
- Second Offense (within 10 years): 10 days in jail
- Third Offense (within 10 years): 30 days in jail
- Fourth Offense (within 10 years): 90 days in jail
Additionally, you may face a separate charge of child endangerment under California Penal Code Section 273(a) PC. To prove child endangerment, the prosecutor must demonstrate that you allowed, caused, or inflicted unjustifiable mental suffering or physical pain by driving recklessly under the influence, acted with criminal negligence, and placed the child in a position where they could have suffered great bodily harm.
Can a DUI with Children in the Car Lead to Child Endangerment Charges?
Yes, a DUI with children in the car can lead to child endangerment charges. In California, driving under the influence with minors in the vehicle is considered a serious offense due to the increased risk of harm to the children. In addition to facing enhanced DUI penalties, you may also be charged with child endangerment under California Penal Code Section 273a. This charge can result in severe consequences, including additional jail time, fines, and potential involvement from Child Protective Services (CPS).
What Steps Should Be Taken Immediately if Arrested for a DUI with Children in the Car?
If you are arrested for a DUI with children in the car, it is crucial to take immediate steps to protect your rights and minimize the impact on your family. Contact an experienced DUI attorney as soon as possible. They can provide guidance on your case and represent you in court. Do not make any statements to law enforcement or CPS without your attorney present. Anything you say can be used against you in court.
If CPS becomes involved, cooperate with their investigation. However, ensure you have legal representation to help navigate the process and protect your parental rights. Keep detailed records of all interactions with law enforcement and CPS. This documentation can be crucial in building your defense and ensuring a fair investigation. Make sure to attend all court appearances and comply with any legal requirements. Missing a court date can result in additional legal consequences. Your attorney will provide specific advice tailored to your case. Follow their guidance closely to ensure the best possible outcome.
What Defenses Can Be Used in Cases Involving a DUI with Minors in the Vehicle?
Challenging the Traffic Stop: If the initial traffic stop was conducted without probable cause, any evidence obtained during the stop may be inadmissible in court.
Questioning the Field Sobriety Tests: Field sobriety tests are subjective and can be challenged based on the conditions under which they were administered or the defendant’s physical or medical conditions.
Disputing Chemical Test Accuracy: The accuracy of breathalyzer or blood tests can be questioned, especially if there were issues with the testing equipment or procedures.
Arguing Necessity or Duress: In rare cases, it might be argued that the defendant had no choice but to drive under the influence due to an emergency situation.
Lack of Knowledge About the Presence of Minors: If the defendant was unaware that minors were in the vehicle, this could potentially be used to mitigate the charges.
Improper Miranda Warnings: If the defendant’s Miranda rights were not properly administered, statements made to law enforcement may be excluded from evidence.
Legal Assistance for DUI Charges Involving Children
An attorney can provide critical support and defense if you are charged with a DUI while having children in the car. They will represent you in all court proceedings, ensuring your rights are protected throughout the legal process. By thoroughly evaluating the facts of your case, your attorney can identify any weaknesses in the prosecution’s evidence and determine the best defense strategy. They will negotiate with the prosecutor to potentially reduce the charges or penalties, particularly if this is a first-time offense or if there are mitigating circumstances.
Additionally, your attorney can bring in expert witnesses to challenge the validity of chemical tests or the reliability of field sobriety tests. If Child Protective Services (CPS) becomes involved, your attorney will help navigate their investigation and work to protect your parental rights. Throughout the process, they will strive to minimize the impact of the DUI charge on your life, seeking alternatives such as reduced sentences, probation, or diversion programs.
Contact an Experienced Los Angeles DUI Attorney
Facing a DUI charge with children in the car can lead to severe penalties and significant jail time in California, even if the children were not harmed. With over 20 years of experience, Attorney Arash Hashemi is dedicated to protecting your rights and providing a strong defense. He understands DUI cases involving minors and will use his extensive knowledge to pursue the best possible outcome for you. Contact us today to schedule an appointment and discuss your case.
Schedule a Consultation:
- Phone: (310) 448-1529
- Email: Contact@hashemilaw.com
- Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
- Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.
