In California, operating a vehicle under the influence of alcohol or drugs while carrying a passenger younger than 14 years old attracts severe penalties. According to Vehicle Code section 23572, the consequences for a violation include additional jail time along with the standard penalties for driving under the influence in California.
You could also be charged with child endangerment, as any conduct endangering children's lives is considered child endangerment. Having a solid defense strategy can help you fight these charges. This article gives a detailed guide on DUI with a child under 14 in a car.
Understanding Driving Under the Influence with a Minor or Passenger Under 14
DUI is an unjustifiable crime, even without aggravating conditions like the presence of a juvenile under 14 in the vehicle. Driving under the influence of alcohol or drugs shows a disregard for human life, which is why law enforcement takes DUI cases seriously.
If you are arrested for driving under the influence of alcohol with a juvenile under 14 years old in the vehicle, you face an additional separate charge. However, suppose you were not driving under the influence when arrested at a DUI checkpoint. In that case, the prosecutor cannot charge you with driving under the influence with a juvenile present or child endangerment.
The prosecutor has the option to file any of the following DUI charges against you, depending on the specific circumstances of your case involving driving under the influence of alcohol:
- DUI in violation of Vehicle Code 23152(a)
- Driving under the influence of alcohol with a blood alcohol concentration of 0.08% or above in violation of Vehicle Code 23152(b)
VC 23572 defines the provisions governing sentence enhancement. These regulations apply when a defendant is found guilty of any of the DUI counts listed above and was driving with a child under fourteen years old.
This statute's ultimate objective is to safeguard children by ensuring that defendants convicted of driving under the influence of alcohol while carrying a passenger under fourteen years old face heavier penalties. It aims to discourage other drivers from engaging in such dangerous behavior.
If you face the prospect of an aggravated DUI conviction, contact a skilled attorney specializing in DUI cases. They can provide excellent legal counsel to reduce or dismiss the charges against you.
What The Prosecutor Is Required To Prove
A DUI offense with a passenger under the age of 14 is punished in the same manner as a typical DUI under California law. According to California VC 23152, it is illegal to drive a motor vehicle while under the influence of alcohol, drugs, or a combination of both. To prove guilt in a DUI case, the prosecution must demonstrate that you were impaired while operating a motor vehicle.
Prosecutors typically rely on evidence from arresting officers or eyewitnesses to establish that you were operating a motor vehicle. The "under the influence" component can be demonstrated through blood, breath, or field sobriety tests.
In most cases, prosecutors prefer blood testing as it provides accurate evidence of alcohol levels in the accused's system. When determining if a driver was under the influence of drugs, Drug Recognition Experts often use blood or urine tests to make their assessment.
Considering all these factors, the prosecution must demonstrate that a passenger under 14 was in your car. It does not matter whether you intended to harm the child or if you drove recklessly, endangering the child's life; what's important in this scenario are the factors discussed above.
You'll face standard penalties for driving under the influence of alcohol, plus additional penalties for doing so with a passenger under 14 years old.
Penalty Enhancement For Driving Under The Influence (DUI) With A Passenger Under The Age Of 14
According to VC section 23572, drunk driving with a child under 14 can result in a compulsory jail term in addition to standard DUI penalties. Standard punishments for driving under the influence include:
For a first conviction:
- Up to six months behind bars
- Fines up to $1,000
- Driver's license suspension for no more than six months
For a second conviction:
- A one-year jail term
- Fines amounting to $1,000
- License suspension for two years
For a third conviction:
- Up to one year behind bars
- Fines amounting to $1,000
- License suspension for at least three years
Fourth or subsequent DUI convictions are often considered felonies. Penalties include:
- Sixteen months, two years, or four years in prison
- Fines amounting to $1,000
- License suspension between eighteen and thirty months
- DUI school for 30 months
If you commit a DUI violation with a passenger under 14, the law mandates additional jail time:
- 48 hours of continuous incarceration for a first violation:
- Ten extra days in jail for a prior DUI conviction within ten years
- 30 additional days in jail for two prior DUI convictions within 10 years
- 90 extra days behind bars for three or more DUI convictions within 10 years, with the most recent being a misdemeanor
A fourth DUI violation within ten years can be prosecuted as either a misdemeanor or a felony. If prosecuted as a felony, the enhancement for driving under the influence with a passenger under 14 (Section 23572 of the Vehicle Code) does not apply. Rather, the defendant faces the standard felony penalty for driving under the influence.
You may face child endangerment charges in addition to the penalties for driving under the influence with a passenger younger than 14 years old.
Implications of Driving Under the Influence of Alcohol with a Passenger Under Age 14 on Child Custody
Upon receiving a conviction for driving under the influence of alcohol while carrying a passenger younger than 14 years old, you may face additional consequences beyond the enhanced sentences imposed by section 23572. This violation may prompt Child Protective Services to investigate your case further. Child Protective Services investigates potential drug misuse and alcohol abuse impacting children. In some cases, Child Protective Services may request the removal of your children from your custody.
Defending Yourself Against a Sentence Enhancement
The primary charge you are facing for this violation is DUI. If you effectively defend yourself against these charges, the court will dismiss your case. If you are not responsible for driving under the influence of alcohol, you cannot be found guilty under VC 23572.
First, the prosecutor will provide evidence in court that you were operating a vehicle while under the influence of alcohol or drugs. Only then will they introduce the element of the minor. The good news is that your attorney can use various techniques to defend you against the allegation of driving under the influence, including:
The Positive BAC Result Was Not Accurate
Even if the officer who arrested you performed a blood alcohol test and the result was positive, you can still use this tactic if the positive BAC result was a false positive. Several factors might cause a false positive blood alcohol content (BAC) result, including the food you consumed immediately before driving.
Your positive breath test for alcohol may be due to certain foods or items we consume that contain alcohol. Examples include mouthwashes, bread, cinnamon buns, fermented fruits, and processed foods made from alcoholic beverages.
The Law Enforcement Officers Had No Reason To Make An Arrest
To arrest a driver for driving under the influence of alcohol or drugs in California, police must have probable cause. If this is lacking in your case, the court will dismiss all evidence against you.
Police must have reasonable suspicion to make arrests or stops. Officers need to observe behavior suggesting you were driving under the influence of alcohol or drugs to conduct a DUI investigation. Random stops and arrests are unacceptable. The officer must release you and avoid arresting if the preliminary inquiry shows no signs of drunkenness. Remember, poor driving does not always indicate alcohol influence.
The Results Of Your Blood Alcohol Content Test Were Incorrect
You can contest your blood alcohol content readings if you believe they are inaccurate. Police often use breathalyzers to determine the alcohol level in suspected drivers' blood. However, breathalyzers are unreliable and may provide inaccurate results if improperly calibrated or defective. Your attorney will conduct further research to gather sufficient evidence demonstrating in court that the breathalyzer used by the police provided inaccurate results.
Your Arrest Process Was Unlawful
Your legal team will use this defense if the police fail to follow legal arrest procedures. For instance, if the arresting officer did not read your Miranda rights. In such cases, the court may discard all evidence obtained against you. Consequently, the district attorney might lack sufficient evidence to secure a conviction against the defendant.
No Minor Under the Age of 14 Was Present
If you are unsuccessful in your case against the DUI allegation, your attorney may defend you against the second offense. Remember that the second charge will increase your DUI sentence. However, your sentence will not be increased if the court determines you were not responsible for having a child under fourteen in your vehicle at the time of arrest.
However, you must demonstrate in court that you were the only person in the vehicle or that the passenger was not a minor under 14 at the time of the incident. Police can make mistakes, especially when handling numerous cases daily. It is possible they made a mistake, and the child was actually in a nearby vehicle, not yours.
The prosecutor is responsible for providing evidence in these situations. If the prosecution cannot prove all components of the offense beyond a reasonable doubt, the court will dismiss your accusation entirely.
Frequently Asked Questions
Below are some commonly asked questions defendants ask about DUI with passengers under 14:
Do Wet Reckless Sentence Reductions Affect DUI Convictions That Include Passengers Under The Age Of 14?
When a DUI conviction is lowered as part of a plea deal, the circumstance is called a "wet reckless." Reckless driving, which incorporates dangerous driving, is a misdemeanor offense under California Vehicle Code 23103. If you are found guilty of wet reckless, your criminal record will include a notation acknowledging that your conviction involves alcohol.
The penalty enhancements for driving under the influence of alcohol with a passenger under 14 years old apply only to DUI charges. The sentence enhancement will not apply if the DUI charge is reduced to wet reckless.
Is It Possible To Receive Probation For Driving Under The Influence If You Had A Passenger Under The Age Of 14?
Driving under the influence (DUI) with a passenger under 14 that results in serious bodily harm or death is a criminal offense. Possible punishments include 2, 4, or 6 years behind bars. If convicted of child endangerment, the offender faces a minimum four-year probation, a protective order, and completion of a one-year child abuser's treatment counseling program.
Additionally, if found guilty of DUI child endangerment, the motorist may be required to abstain from alcohol and drugs while on probation and submit to random drug tests administered by the probation officer.
What Happens to Parents Guilty of Driving Under the Influence with a Child Under 14?
A conviction for this offense in California can significantly impact your life, even if it is your first DUI offense. You might lose your driver's license, face penalties, and receive jail time if found guilty. If caught driving under the influence with your child as a passenger, the consequences extend beyond the standard penalty enhancement and may include the loss of parental rights. Rights that may be affected include:
- The authority to sign contracts for your minor child
- Assuming legal custody of the child
- Decision-making power regarding the child's mental or physical health
- The privilege of visiting or communicating with your child
Are There Additional Consequences Associated with Your Conviction for Driving Under the Influence and Child Endangerment?
A conviction for driving under the influence (DUI) comes with numerous hidden consequences. While most individuals focus on the financial penalties, potential jail time, employment difficulties, driver's license suspension, court-related stress, and family impact, there are other unintended consequences:
- Your eligibility for school financial aid, including loans, may be affected
- You might be disqualified from professions requiring driving.
- You may be unable to travel to certain countries
- Professional licensing authorities may take action against you or refuse to grant you a license in the future
- Your criminal record could hinder your ability to secure housing.
Find a Seasoned DUI Lawyer Near Me
Driving under the influence of alcohol or drugs while carrying a passenger younger than 14 years old can result in severe criminal penalties and possible loss of parental rights. If you face accusations of driving under the influence with a passenger under 14, seek advice from an experienced DUI attorney immediately, regardless of what you believe you know about your case.
At Jonathan Franklin DUI Attorney, we protect our client's rights, freedom, and reputation. Our Los Angeles, California attorneys have comprehensive knowledge of California's laws governing driving under the influence and child endangerment. We will guide you through your legal options to achieve the most favorable outcome. Call us now at 323-464-6700 to receive the help you need.
