If you are facing charges for committing a DUI while in possession of a child that is under 14, we highly encourage you to contact our law firm for a free case evaluation? This offense is very serious. If found guilty, you could be ordered to spend time in prison, pay thousands in fines, as well as have to answer to social services. The safety of a person’s children can be called into question when a parent is found to be driving while intoxicated with a child in the car. Don’t waste time before receiving information about your potential penalties. Call our firm today to speak with an DUI defense attorney for up to one hour for free.
When a minor’s life is placed at risk due to a dui offender’s negligence, sentencing is enhanced under this code.
This offense is different from VC 23582 which involves DUI while driving recklessly. The child endangerment factor bumps up standard penalties for DUI, which are detailed below. The driver, in addition to being penalized with DUI will also face separate sentencing for driving under the influence – and with a minor under the age of fourteen years old.
In order to prosecute for California Vehicle Code 23572, the state has the burden to prove you were guilty of either:
- The accused was driving under the influence
- A minor passenger under the age of 14 was present
The following could be considered a violation of CVC 23572:
Shannon is at home with her 2-year-old son. Shannon has had a few glasses of wine while her son plays in his playpen. The family dog runs by the playpen, knocks it over, and seriously injures Shannon’s 2-year-old son. Not thinking clearly, Shannon immediately picks up her son, puts him in the car, and begins driving him to the emergency room. On the way, Shannon is pulled over for driving erratically and eventually arrested for violating VC 23572.
The following sentencing enhancement applies to a CVC 23152 conviction:
- 1st time DUI offender – 48 Hours in jail
- 2ND time DUI offender – 10 days in jail
- 3rd time DUI offender – 30 days in jail
- 4th time DUI offender – 90 days in jail
Get help dismissing your DUI criminal charges as well. If dismissed in court, then vehicle code 23572 charges would not apply. Regardless, prosecutors can file a separate child endangerment case under California Penal Code 273.
Whatever your criminal case may be, we will bring superior legal experience to aid you in this challenging time. Call us today at (888) 250-2865.