DUI Enhancements: Driving under the influence with a child in the car
If you’re driving under the influence with a child in the car, you may be subject to further punishment in addition to the punishment that comes with driving under the influence, pursuant to California Vehicle Code 23572. (https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=23572.)
Elements
As you can see from the language set out by Vehicle Code 23572, you can be charged with the offense if you:
(a) Drive under the influence
(b) While a child under the age of fourteen (14) is in the car
How is a Child Defined Under the Law?
This does not mean that you will face enhanced punishment if you are driving under the influence with a person under the age of 18. Instead, California law only provides an enhancement if the child is under the age of fourteen (14).
Levels of Punishment
The law sets out different levels of punishment that depend on whether you’ve been previously convicted for driving with a child under the age of fourteen (14). The levels of punishment can range from forty-eight hours up to ninety days in jail, depending on any previous convictions for the same violation.
Limitations VC 23572
California’s VC 23572 does set limitations on the consequences you can face. The law says that if you are convicted of 23572, then you cannot be convicted for child endangerment under California’s Penal Code 273 (https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=273a.&lawCode=PEN).
We can help
Facing a DUI charge with possible DUI enhancements is scary, stressful, and overwhelming. Your best chance at getting a favorable outcome for your particular case is to have an experience attorney by your side.
Our team at the Law Offices of Mark A. Gallagher has the skills and knowledge to get the best possible outcome for your case. If you’re facing a DUI charge in Southern California, it’s best to contact an experience criminal defense lawyer to help you navigate the difficult road ahead. If you have questions about your particular case, give us a call at 800-797-8406 to schedule your free consultation today. Or visit www.socaldefenselawyers.com for more information.
