Prosecutors can charge you with DUI and tack on the child endangerment enhancement under Vehicle Code Section 23572 if you are arrested for DUI and you had a minor under the age of 14 in your car.
Will I Go To Jail?
First offense: 48 hours in the county jail.
Second offense: 10 days in the county jail.
Third offense: 30 days in the county jail.
You should be concerned about this enhancement if you've been arrested for VC 23152(a) Driving Under the Influence of Alcohol, VC 23152(b) Driving with a BAC of 0.08% or more, VC 23152(f) Driving Under the Influence of Drugs, or VC 23152(g) Driving Under the Combined Influence of Alcohol and Drugs.
The judge can give you the DUI penalties and the penalties for child endangerment.
Penal Code Section 273(a)
If you are arrested for driving under the influence of alcohol or drugs with a kid in your car, the DA can charge you with a separate child endangerment charge under Penal Code Sections 273(a)(a) or 273(a)(b).
Can I Be Charged With A Felony?
Penal Code Section 273(a)(a) can be a misdemeanor or a felony. If you are facing PC 273(a)(a) as a misdemeanor or PC 273(a)(b), the judge can sentence you to up to 1 year in the county jail.
If you are facing felony child endangerment charges, the judge can sentence you to up 2, 4, or 6 years in the state prison.
There are also minimum probation terms that go along with PC 273(a) such as 48 months of probation and completion of 1 year of a child abuser's treatment counseling program.
Attorney Richard Wagner works hard to convince the court not to give you some conditions of probation if it would not be in the best interests of justice. In some cases, clients can serve jail time can in home confinement, electronic monitoring, a work-release program, or a residential treatment program. This is why you need to speak with DUI attorney Richard Wagner. He can defend your DUI and get you the best result possible.
You cannot be punished for a VC 23572 enhancement if you are also convicted of PC 273(a).
Some police departments also notify child protective services or the Department of Justice under the Child Abuse and Neglect Reporting Act.
You should immediately contact Attorney Richard Wagner at (714) 721-4423. Take advantage of a FREE Consultation if you've been arrested or charged with a DUI with child endangerment.
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