Updated Legal Resource
This article explains California DUI child endangerment laws and sentencing enhancements.
For a comprehensive, up-to-date guide focused on DUI cases involving children in Orange County, CPS investigations, and defense strategy, see our latest resource:
DUI With a Child in the Car in Orange County, California
California DUI Child Endangerment Statutes Explained
Prosecutors can charge you with DUI and tack on the child endangerment enhancement under Vehicle Code Section 235721 if you are arrested for DUI and you had a minor under the age of 14 in your car.
Will I Go To Jail If I Had My Child in My Car and Arrested for DUI?
First offense: 48 hours in the county jail.2
Second offense: 10 days in the county jail.3
Third offense: 30 days in the county jail.4
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.
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 avoid jail time can in home confinement, electronic monitoring, a work-release program, or a residential treatment program. This is why you need to call DUI attorney Richard Wagner at (714) 721-4423 right away. He can defend your DUI and get you the best result possible.
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.
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.
DUI cases involving children often raise CPS concerns and additional legal risks. Parents facing DUI charges in Orange County should review our in-depth guide on DUI With a Child in the Car in Orange County for defense strategies and next steps.
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.
1 California Vehicle Code Section 23572(a) says, “If any person is convicted of a violation of Section 23152 and a minor under 14 years of age was a passenger in the vehicle at the time of the offense, the court shall impose the following penalties in addition to any other penalty prescribed:
2 California Vehicle Code Section 23572(a)(1), says, “If the person is convicted of a violation of Section 23152 punishable under Section 23536, the punishment shall be enhanced by an imprisonment of 48 continuous hours in the county jail, whether or not probation is granted, no part of which shall be stayed.”
3 California Vehicle Code Section 23572(a)(2) says, “If a person is convicted of a violation of Section 23152 punishable under Section 23540, the punishment shall be enhanced by an imprisonment of 10 days in the county jail, whether or not probation is granted, no part of which may be stayed.”
4 California Vehicle Code Section 23572(a)(3) says, If a person is convicted of a violation of Section 23152 punishable under Section 23546, the punishment shall be enhanced by an imprisonment of 30 days in the county jail, whether or not probation is granted, no part of which may be stayed.”
