In California, one DUI charge could have a tremendous impact on your life. If you are convicted of a DUI, you may face hefty penalties, prison time, and your license could be suspended even though it may be your first offense. However, if you have been caught for DUI while driving with a child under the age of 14 in the car, your life could get more complicated.

If you find yourself in a situation like this, you'll need a strong defense to help you avoid the harsh penalties you are likely to receive. Contact the California Criminal Lawyer Group in Fresno to begin making preparations for your case.

DUI and Child Endangerment Laws in California

Child endangerment is defined by California law as knowingly subjecting a child below the age of 18 to unreasonable suffering, pain, or danger. Even though the minor is never physically harmed, a person can be prosecuted for exposing the child to an unjustifiable risk of harm.

Anyone can be charged with this crime (not only parents). Typically, the adult is somebody responsible for a child, or a minor below the age of 18. The adult can be convicted of child endangerment if he or she:

  • Causes or allows unjustified bodily or emotional suffering to a child.
  • Purposefully causes or enables the injury of a minor.
  • Willfully puts a kid in a potentially dangerous situation or allows them to be put in one.

Child endangerment leads to sentence enhancements in any DUI case. However, it becomes important after a conviction. The case is usually straightforward, and the court is uninterested in what your specific aims were.

So, for instance, the court won't investigate if you intended to injure the minor or you were driving in that condition to put the child at risk. The court is solely focused on two facts:

  • You admitted to or were convicted of a DUI.
  • At the moment of the DUI offense, you had a minor below the age of 14 in your vehicle.

If the prosecution can show that these conditions existed, you will receive a longer term in addition to the penalty for the DUI. It's worth noting that, although child endangerment is a sentence enhancement for DUI crimes, the prosecutor can prosecute the offense of child endangerment on its own. If this occurs, the case may be charged as a felony or misdemeanor.

Driving while inebriated with a minor passenger is one example of conduct that can be prosecuted as a felony or a misdemeanor since it puts the wellbeing of the child in jeopardy.

What is Considered DUI in California?

You can be charged with DUI in several different ways. The most common is having a (BAC) blood alcohol concentration that is higher than the legally permitted limit. The California Vehicle Code (CVC) 23152 sets forth four categories of restrictions:

  • .08 percent of BAC, if you're 21 years and older and have a normal driver's license without any restrictions.
  • .01%, when you're under the legal drinking age of 21.
  • .04 percent: if you have a (CDL) Commercial Driver's  License irrespective of the automobile you were operating.
  • 4%, if you are currently on DUI probation for a prior arrest.

DUI isn't simply about drinking and driving. Any substance that impairs your judgment while driving can be considered a DUI. This covers prohibited drugs, prescriptions, and over-the-counter medications like painkillers.

However, the actual BAC is not important if it can be established that you were “under the influence” of a substance while driving with a minor in your vehicle. Even though your BAC is not above or at the permitted limit, you can still be prosecuted.

The Arrest Process for DUI

In many DUI scenarios, officers stop a driver because of signs of impairment (like swerving) or a traffic infraction, which might be as small as a broken taillight. A stop is usually legal if police have probable cause that the driver has violated traffic rules. If the authorities had no legitimate grounds to stop you, it could lead to the case being dismissed entirely.

The police officer will generally start by requesting to see your driver's license and registration. If you display symptoms of intoxication during this conversation, for example, smelling like alcohol, the police officer is likely to notice. Any findings of this kind will certainly be recorded in the police statement, which you will hear for the first time during your court hearing.

At a DUI stop, officers often inquire if the motorist has had any alcohol. Most drivers respond with something along the lines of "just a drink or two," which is usually an underestimate of how much they had.

Police officers who have encountered these kinds of replies uncountable times are not likely to discontinue the questioning there—especially if there are additional signs that you're inebriated or under the influence of drugs. Most officers will want to probe more after obtaining proof that you have been drinking.

In most cases, the authorities can search your automobile without a warrant if they have reasonable cause to suspect there is damning evidence inside your vehicle. At a DUI stop, an officer could notice or smell anything that leads them to believe there are narcotics in the vehicle.

If this is the case, authorities may be warranted in examining not only the inside of your vehicle, but also the glove compartment, boot, and locked items like backpacks. Approval of the driver is another typical cause for a car search. If you grant police authority to peek inside your automobile, they will usually do so.

A law enforcement officer who suspects someone of driving under the influence would frequently conduct field sobriety tests and a "preliminary alcohol screening" test to verify their suspicions. These tests are usually optional. If police find reasonable grounds to apprehend you for drunk driving with a minor in the vehicle, you'll be handcuffed and taken to the nearest police station or prison where you are booked in and your details recorded.

When you are arrested for a DUI, the police usually confiscate your driving license and issue you with a temporary paper permit. This permit is usually valid until the judge or the DMV (the Department of Motor Vehicle) decides if or not to suspend your driver's license. Officers will then book and cite you for the infraction at the prison or police station.

Common Defenses

An accused person is presumed innocent unless proven guilty. In practice, this implies that the State of California bears the burden of proving that you are guilty. As a result, your defense will frequently focus on keeping the prosecution from presenting proof against you and/or dismissing witnesses or evidence presented by the state.

There aren't two DUI stops that are similar. As a result, only a skilled California DUI defense lawyer can assess the relevant facts surrounding your stop and detention and give you thorough guidance on the best legal defense strategy. However, there are certain typical defense techniques used in DUI cases, such as:

Disputing the Stop

Before a stop may be carried out, an officer must have a lawful cause to do so. To be deemed legal, a traffic stop must have reasonable cause. Officers commonly state that a motorist was speeding, weaving, often changing lanes, watery eyes, or showing any other driving patterns that purportedly set the foundation of reasonable cause to think the driver was intoxicated at the moment. However, during cross-examination, the police officer may be prepared to acknowledge that those same driving habits may have been caused by an inattentive or fatigued motorist.

Disputing the Field Sobriety Test Results

After an officer has completed the preliminary investigation, you may be requested to step out of the car and complete several field sobriety tests. While these tests are performed perfectly under ideal conditions, they only give a probable indication of impairment. Physical handicap, medical problems, or just nervousness can all contribute to poor performance on the FSTs. Furthermore, the tests are frequently performed improperly, and the findings are influenced by the officer's intention to declare the driver inebriated.

Dismissing the Officer’s Statement

In a DUI case, the state sometimes relies largely on an officer's statement. The usual patrol officer makes the stops monthly, and many motorists are arrested for DUI during that period. The police officer will most likely forget all of the specifics of your arrest by the period your case goes to trial. A smart defense counsel will seize this opportunity by emphasizing how inaccurate the officer's statement is in sight of the officer's inability to recall key information regarding the arrest.

No Child Below the Age of 14

If someone has a minor below the age of 14 in a vehicle at the moment of a DUI arrest, he or she will only incur a sentence increase under this statute. As a result, the accused can always claim that the minor in the automobile was above 14 years as a defense.

There Was No Reasonable Cause

Police officers are allowed to stop and make an arrest only if they have reasonable cause that the driver has violated traffic laws. As a result, a defendant can contest a DUI accusation by demonstrating that the police had no reasonable grounds to stop him or her.

What the Prosecutor Must Prove to Convict You

According to Vehicle Code 23527, the prosecutor must show that:

  • You were driving while inebriated.
  • You had a child below 14 years in the car.

If your defense attorney successfully fights the DUI case, the court will not be able to enforce an increased sentence because you had a child in your vehicle when you were arrested.

If your lawyer fails to secure a dismissal for your case using the conventional DUI defenses, you can accept a reduced plea agreement for a DUI charge with his or her assistance, avoiding a sentence increase for a DUI with a child in the car.

Your attorney could be capable of reducing your DUI penalties to "dry reckless" or "wet reckless".

Wet Reckless Plea

In California, when an accused person charged with DUI agrees to plead guilty to a lesser offense, it is known as a plea bargain. Plea bargaining isn't forbidden in DUI cases. However, several requirements must be met before a plea bargain may be accepted:

  • The prosecutor is not able to demonstrate the DUI accusation due to a lack of strong evidence.
  • The prosecutor is unable to get a crucial witness to testify against you.
  • When a plea bargain will not lead to a significant reduction in the penalty.

However, if the prosecution agrees to lower a DUI conviction to a reckless driving conviction, they must explain the grounds for the reductions to the court. They must also state if the violation involves drugs or alcohol and the circumstances that support this judgment.

Reasons You should Plead Guilty to Reckless Driving

If you're convicted of a DUI with a minor passenger below the age of 14, pleading guilty to careless driving is a preferable option because when compared to the consequences of a DUI charge, the penalties for driving recklessly are less harsh.

Unfortunately, pleading guilty to reckless driving also has repercussions including:

  • You have to enroll in and undergo an alcohol and drug awareness program as a requirement of probation.
  • If the offender is charged with another DUI crime within 10 years of the prior conviction for wet reckless, it classifies as a previous DUI conviction. This implies that a future DUI is treated as a second offense rather than a first.
  • If you have additional DUI priors, the judge may also mandate the placement of an Ignition Interlock Device (IID) in your car for a timeframe of 3 months to 7 years.

Dry Reckless as a Plea Bargain in California

In California, this is a common plea deal for DUI accusations. The following are some of the benefits of pleading guilty to a dry reckless charge:

  • Shorter probation.
  • Reduced penalties.
  • There is no mandate for your driver's license to be suspended.

When compared to wet reckless, pleading to dry reckless is a better bargain since if you are charged with DUI again later in the future, it will not be counted as a prior offense.

Penalties for DUI with a Child in California

A minor in a car with a drunk driver is at risk not just from the drunk driver, but also from the absence of application of safety restraints like a children's safety seat or a seat belt, as drunk drivers are less likely to ensure that a child is correctly restrained.

As per the California Vehicle Code Section 23572 VC, driving a car while intoxicated with a minor below 14 years warrants an additional punishment for the DUI conviction. Child endangerment sanctions shall be imposed if a caregiver or adult entrusted with the responsibility of caring for a child drives a motor vehicle while under the influence of drugs or alcohol higher than the state's permitted blood-alcohol content limits when a minor is present.

The caregiver will face penalties for driving while intoxicated and endangering the child, which can significantly enhance the entire sentence. Further jail time, ranging from 2 days to 3 months, might be added to the sentences based upon the number of previous DUI offenses.

The Vehicle Code 23572 VC is simple. This DUI sentencing increase applies if you are charged with misdemeanor DUI and you had a child below the age of 14 in the car when you were caught. The Vehicle Code only focuses on two things: if you were driving while intoxicated and whether you were driving with a minor below 14 years.

But it does not end here. According to the specifics of the case, the defendant may also be convicted separately with child endangerment under the California Penal Code, putting the offender in a new category of charges. Child endangerment is defined by the Penal Code as anyone who knowingly causes or allows a child to suffer physically or mentally. Having a child in the car may expose young passengers to immense suffering and psychological trauma, particularly when there has been a crash or collision.

A parent, legal guardian, or caregiver of a minor who allows the child's health and wellbeing to be jeopardized will face allegations of child endangerment. Based on the case, this can be either a felony or a misdemeanor, with both charges having severe consequences.

Driving under the influence with a minor passenger has been deemed to fit into this category by California courts. This implies that prosecutors can pursue child endangerment irrespective of the child passenger's age (everyone below the age of 18 qualifies, not only 14 as is the Vehicle Code law), or if the DUI is a felony or misdemeanor.

The offender charged with a misdemeanor offense faces up to 1 year in state prison, $1,000 in penalties, and probation for at least 4 years. Additionally, the defendant will be obliged to attend child abuse counseling for a year.

If intoxicating substances were used in the event, the probationary requirements will include abstaining from illegal substances as well as necessary testing. A felony charge has even more significant repercussions. The crime of felony child endangerment is prosecuted when the conduct of child endangerment involves the risk of serious bodily harm on the minor.

Operating a vehicle while extremely inebriated or under the influence of alcohol or drugs, with the possibility of or actual automobile accidents, is one such possibility. Considering that physical harm to the child is not required for endangerment to happen.

A felony child endangerment conviction carries a sentence of 2, 4, or 6 years in state prison, a fine of up to $10,000, and at least 4 years of child abuse counseling and probation. Additionally, the felony conviction counts against California's Three Strikes legislation, which means that any further felony convictions would result in an extra five years in jail.

Custodial Problems

You won't face any custody issues if the child wasn't yours. If the minor you endangered was your child, however, you will almost certainly face custodial troubles. The laws on child endangerment do not necessarily allow for the removal of the minor from your care. DUI with a child, however, is likely to be reported to the California Child Protective Services (CPS). If the organization deems it necessary, it can step in and pull the kid from your care.

This necessitates doing all possible to beat a DUI case with a child under the age of 14 or any other child endangerment charges to have your family stay together while also avoiding a jail sentence.

CPS may choose to conduct their inquiry and stay updated about the accusations of DUI with a child under the age of 14 sentencing report in some situations. They may investigate the child's household and environment to ensure that he or she is well-cared for.

When this occurs, collaborating with the investigations is crucial to avoid presenting them with a negative view of yourself; yet, avoid providing them with so many details that they can use to cast you in a negative light or prompt them to take additional action.

CPS authorities are tasked with:

  • Determining if your home is safe for your children.
  • If you are struggling with a drug or alcohol addiction.
  • Interrogating those in your immediate vicinity to tell if you have a culture of drunk driving.
  • Determining if you are aggressive toward your children.
  • Determining if you meet all of the child's needs for clothing, food, and education.

Find a DUI Attorney Near Me

If you or a loved one is facing such charges, don't be afraid to contact us. We will schedule a meeting with you right away and begin working on your defense. The California Criminal Lawyer Group in Fresno is composed of competent, experienced, and caring lawyers who know what you are dealing with and can provide the best advice and defense to enable you to get through this difficult time. Contact us today at 559-712-8377.