Child Endangerment and DUI
A DUI charge is serious, but when a child is involved the severity of the crime increases in the eyes of the law. One of the enhancements to a conviction of driving under the influence under the California Vehicle Code 23572 VC is the presence of a child under 14 years of age in the vehicle. A California DUI with a minor in the car is considered child endangerment and can result in increased penalties over and above those of a typical DUI case. Depending on the circumstances, these enhanced penalties may include:
Jail time ranging from 48 hours to 90 days Fines Suspension of driver’s license
For example, you may be driving your 12-year old daughter and get pulled over for speeding. If the officer suspects you are driving under the influence, a DUI investigation may take place. If you are ultimately charged with DUI, the fact that your minor daughter was in the car with you will trigger the child endangerment enhancement.
Separate Child Endangerment Charges Above a DUIDepending on the facts of the case, the prosecutor also has the option of filing separate child endangerment charges under California Penal Code 237(a) PC if you are convicted of a DUI and had a minor in the vehicle. In general, a child endangerment crime occurs when a child is placed in a dangerous situation or someone allows the child to be placed in a dangerous situation without taking steps to protect the child. In terms of a DUI, separate charges of child endangerment may be filed if these or other circumstances occur: You have prior DUI convictions You have a high blood alcohol level The child was injured in a DUI accident
If you face a separate charge of child endangerment in California, the penalties range from up to 1 year in county jail to up to 6 years in state prison
Contact a DUI Attorney About Child EndangermentIn order to achieve the best possible results, the skilled DUI defense attorneys at Hoffman & Associates will thoroughly investigate the circumstances surrounding your case. We may be able to identify police missteps or prosecutorial mistakes that can lead to a reduction in charges or the elimination of a child endangerment enhancement.
We have over 30 years of daily courtroom experience in courts throughout California and our attorneys will fight to protect your rights and good reputation. Our knowledgeable DUI lawyers have successfully defended all types of DUI cases, including those involving child endangerment. For a office or phone consultation to discuss the facts of your case with a California DUI expert, call 323-655-3900.
Hoffman & Associates Los Angeles
5900 Wilshire Boulevard, Suite 2600
Los Angeles, California 90036
Phone: (323) 655-3900
Fax: (323) 315-2412