California takes a particularly tough stance on punishing DUIs, especially when they endanger minors. This post will explore the unique aspects of being charged with a DUI when a child is in the car, focusing on legal ramifications, relevant penal codes such as CVC 23572 and PC 273a, and the importance of consulting a skilled Orange County DUI attorney.
Legal Consequences of DUI With a Child Passenger
Driving under the influence while a minor is present involves numerous legal repercussions that go beyond a standard DUI charge. California Vehicle Code (CVC) Section 23572 specifies additional penalties for this type of offense, potentially magnifying the impact on the driver’s future.
California Vehicle Code Section 23572
California Vehicle Code (CVC) Section 23572 deals explicitly with enhanced penalties for DUI offenses committed while a child under the age of 14 is in the vehicle. Convicted drivers could face additional mandatory jail time, which is added to the baseline penalties for the DUI offense. The additional jail time varies depending on whether the DUI is a first, second, third, or subsequent offense.
– First Offense: An additional 48 hours in 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.
The purpose of these enhanced penalties is to underscore the gravity of endangering a child’s life while operating a vehicle under the influence of alcohol or drugs.
Penal Code 273a: Child Endangerment
In addition to the enhanced penalties under CVC 23572, drivers can also be charged under California Penal Code (PC) 273a, which pertains to child endangerment. This code addresses situations where a child’s physical or mental well-being is put at risk.
Types of Child Endangerment
Under PC 273a, child endangerment can be classified as either a misdemeanor or a felony, depending on the severity of the situation. Factors such as whether the child suffered physical harm or was placed in a situation likely to cause great bodily harm or death are considered.
– Misdemeanor Child Endangerment: This might include cases where the child was exposed to a substantial risk of harm but was not injured. Penalties can include up to one year in the Orange county jail, fines, and mandatory probation.
– Felony Child Endangerment: This classification is used when the child is exposed to conditions likely to produce great bodily harm or death. Penalties can include 2-6 years in California state prison, substantial fines, and possible loss of parental rights.
Additional Legal Ramifications
Apart from jail time and fines, being charged with a DUI involving a child can have other far-reaching consequences:
– License Suspension: The California Department of Motor Vehicles (DMV) may suspend or revoke the driver’s license.
– Insurance Rates: Convicted individuals often face increased insurance premiums or even cancellation of their insurance policies.
– Custody Issues: Those with child endangerment convictions may face challenges in custody battles or could have existing custody arrangements re-evaluated.
– Professional Consequences: Certain professions may be jeopardized, particularly jobs involving child care or professional driving.
Importance of Hiring an Orange County DUI Lawyer
Given the complex web of legal repercussions, it is crucial to consult a knowledgeable Orange County DUI lawyer if charged with a DUI while a child is in the car. A proficient attorney can provide vital assistance in several ways:
Navigating Legal Complexities
The intricacies of vehicular laws and penal codes can be challenging to understand. A qualified Fullerton DUI attorney will help to elucidate the finer points of CVC 23572 and PC 273a, ensuring that the defendant is fully informed about the charges and potential penalties.
Building a Strong Defense
An experienced Fullerton DUI lawyer will be adept at crafting a defense strategy tailored to the specifics of the case. Potential defense strategies may include demonstrating that the arresting officer did not follow proper protocol, disputing the accuracy of blood alcohol content (BAC) tests, or questioning the legality of the traffic stop.
Mitigating Penalties
Even if a conviction is unavoidable, a skilled Fullerton DUI attorney can negotiate for reduced penalties. This might involve arranging for lesser charges in exchange for community service or entering a plea bargain to minimize jail time and fines.
Protecting Parental Rights
An Orange County DUI attorney with experience in both DUI and family law will also be able to guide parents through the complexities of custody issues that may arise from a DUI with child endangerment charges, aiming to protect parental rights and the best interests of the child.
Free Consultation With an Experienced Fullerton DUI Lawyer
At The Law Office of EJ Stopyro we offer a free, no-obligation telephonic consultation with an experienced Fullerton DUI lawyer. Call us today at (949) 278-6353 to schedule your free consultation.
Conclusion
Driving under the influence with a child in the car is an egregious offense that carries severe legal and social consequences. From enhanced penalties under CVC 23572 to potential child endangerment charges under PC 273a, the ramifications are far-reaching and long-lasting. Consulting an experienced Orange County DUI attorney can provide the best chance for a favorable outcome in such complex and serious cases.