DUI With Child Passengers

In California, a DUI (Driving Under the Influence) charge becomes much more serious when there are minors (children under the age of 18) in the vehicle. The consequences can include both harsher penalties for the DUI itself and additional charges specifically related to endangering the child. Here’s a breakdown of the consequences:

Child Endangerment Charges

• Penal Code 273a: If you drive under the influence with a child under 14 years old in the car, you may be charged with child endangerment (Penal Code Section 273a). This is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony, depending on the circumstances.

  • Misdemeanor: If charged as a misdemeanor, you may face up to 1 year (364 days) in county jail and a fine.

  • Felony: If charged as a felony, penalties could include up to 6 years in state prison. This could be a major life-altering consequence.

Probation and Custody Implications

• If convicted, you will likely be placed on probation, and depending on the situation, child custody issues could arise if your actions are seen as endangering the child’s safety. Probation terms are outlined in Penal Code section 273a and include 48 months of probation and a 12 month child abusers treatment program. Quite apart from probation consequences, a DUI and 273a could have long-term consequences for your relationship with your child and other family members.

Impact on Child Welfare

• If a law enforcement officer determines that a child’s safety was significantly endangered (such as if the driver was driving erratically, speeding, or involved in an accident), Child Protective Services (CPS) could get involved. This might lead to investigations or even temporary removal of the child from the home, depending on the severity of the case.

Sentencing Considerations

• If a child is harmed in any way (even if it's just emotional distress from the situation), the court may consider this when determining your sentence. A judge might impose a more severe penalty due to the child’s presence in the vehicle.

Summary

Driving under the influence with a child in the car is taken very seriously in California. The presence of a child significantly raises the stakes in both criminal and family law proceedings. If facing such a charge, it’s crucial to consult with an experienced DUI or criminal defense attorney to navigate the legal process. Chico Attorney Davis Hewitt has extensive experience handling both DUI and child endangerment charges. Call to schedule a free 30-minute consultation at his office.