Consequences Of A DUI While Child Was In The Car (CVC 23152/ PC 273(A)

In many cases, after a person is arrested for a DUI when a passenger in the car is a minor, Child Protective Services will get involved. They may come to your home and ask you many questions about the facts of your DUI arrest and how you care for your children. The social workers that come to your home definitely have the power to remove your children from your custody.

If you are fortunate to not have your children taken away, you may face an enhanced punishment for having a minor present in the vehicle (under Vehicle Code Section 23572). You may also face the possibility of child endangerment charges under California penal code section 273a in addition to the DUI charge. 

If you are convicted of a DUI and the prosecutor proves that you had a minor in the vehicle at the time of you driving under the influence you face much more serious punishment as follows:

• A first offense DUI conviction enhances the punishment to 48 hours in  jail,
• A second DUI conviction enhances the punishment to 10 days in jail,
• A third DUI conviction enhances the punishment to 30 days in jail, OR
• A fourth DUI misdemeanor conviction enhances the punishment to 90 days in jail

This time in jail is IN ADDITION to the jail time you may receive for the DUI offense.

Additionally, the prosecution could file additional charges under California Penal Code Section 273a for willful harm or injury to child; or endangering a person or their health. If the prosecutor charges you with a violation of PC 273a then you can be facing either one year in county jail (if convicted of misdemeanor child abuse) or 3 years in custody (if convicted of felony child abuse).

There are many factors that determine the outcome of a DUI offense. Having a highly skilled San Bernardino DUI attorney is vital in making sure you get the best possible result in your case. The attorneys at Wallin & Klarich have been helping those charged with DUI offenses for over 40 years. You can call us at 888-749-0034 or fill out our intake form for immediate assistance. We will be there when you call.