In California, driving under the influence (DUI) with a child in the vehicle is taken very seriously and can result in enhanced penalties. Here are the key points you need to know:
Legal Implications
- Standard DUI Penalties:
- First Offense: Fines, license suspension, DUI school, probation, and possible jail time.
- Subsequent Offenses: Increased fines, longer license suspension, mandatory DUI school, longer probation periods, and longer jail or prison sentences.
- Enhanced Penalties for Child Endangerment:
California Vehicle Code 23572: Adds additional penalties if a person is convicted of DUI with a minor (under 14 years old) in the vehicle.
- First Offense: An additional 48 hours in county jail.
- Second Offense: An additional 10 days in jail.
- Third Offense: An additional 30 days in jail.
- Fourth or Subsequent Offense: An additional 90 days in jail.
- Child Endangerment Charges:
Separate charges can be brought under California Penal Code 273a, which deals with child endangerment. This can be charged as a misdemeanor or felony depending on the circumstances.
- Misdemeanor: Up to one year in county jail.
- Felony: Two, four, or six years in state prison.
Additional Considerations
- Custody Issues: DUI with a child in the vehicle can impact child custody and visitation rights.
- Mandatory Reporting: Child Protective Services (CPS) may get involved, leading to further legal and personal consequences.
- Ignition Interlock Device (IID): Mandatory installation of an IID for a specified period.
For more detailed information or specific legal advice, contact DUI Defense Attorney Manuel J. Barba at (951) 680-9125.