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DUI Child Endangerment

If you or a loved one has been charged with a DUI with a child under the age of 14 years old, you should immediately contact Orange County DUI Attorney William Weinberg. Mr. Weinberg has defended numerous individuals charged with a DUI and child endangerment for having a child under the age of 14 years old in his or her vehicle at the time of an arrest for a DUI.

A DUI with a child endangerment enhancement is a sentence enhancement that's added under California Vehicle Code (CVC) Section 23572 for individuals who were arrested for a DUI while having a child who is under the age of 14 with them at the time of the arrest for drunk driving. CVC Section 23572 adds mandatory jail time in addition to jail time; you may have to serve if convicted of a DUI in the State of California. Said differently, if you are convicted of a DUI in Orange County or elsewhere in Southern California, you will have to spend some time in jail for driving under the influence while having a child with you in your car.

For a first offense DUI with child endangerment, an individual must spend a mandatory minimum of 48 hours in jail. For a second offense DUI with child endangerment, an individual must spend a mandatory ten (10) days in jail. For a third offense DUI with child endangerment, an individual must serve a minimum of thirty (30) days in jail. For a fourth offense DUI with child endangerment, an individual must spend a mandatory ninety (90) days in jail.

If you find yourself in the unfortunate situation of being charged with a DUI with child endangerment, you should immediately contact Orange County DUI Lawyer William Weinberg to defend you. Mr. Weinberg has extensive experience defending those who are charged for a DUI with child endangerment.

Proving a DUI with Child Endangerment

For the prosecution to convict you of a DUI with child endangerment, it must establish the following elements:

  • You were driving while under the influence of alcohol and/or drugs, and
  • You had a child under the age of fourteen (14) with you in the vehicle

If convicted of a DUI with child endangerment, your punishment depends on the following factors:

  • Your level of intoxication (BAC Level)
  • The way you were driving
  • Whether or not you had the intent to harm the child
How to Fight a DUI with Child Endangerment?

The first thing you can and should to fight a DUI with child endangerment enhancement is to contact an experienced Orange County DUI Attorney William Weinberg to defend you. Mr. Weinberg has handled cases involving a DUI with child endangerment, so he knows how to best approach and argue your case.

You should worry about this enhancement if you've been convicted of CVC 23152(a) DUI or CVC 23152(b) Driving with a BAC of 0.08% or more. If convicted of violating either of these laws, you should worry about the sentencing enhancement that applies. As such, you need a DUI attorney who can fight your DUI as best as possible, and this is where Mr. Weinberg comes in. He will do his best to have the charges against you reduced so that the child endangerment sentence enhancement does not apply.

For example, if your attorney can negotiate a plea deal where you're guilty of a wet reckless instead of a DUI, the sentencing enhancement no longer applies. Of course, the outcome of your case depends on the facts of your case, so to determine your option, schedule your free consultation today.

If you do not defend your DUI properly and you're convicted of a DUI, you will have to serve the mandatory time in jail that comes with this enhancement because it is a mandatory minimum, so make sure to hire an experienced criminal defense attorney who knows the law and will properly defend your case.

Child Endangerment Under California Penal Code (CPC) 273(a)

If you're arrested for driving while under the influence of alcohol and/or drugs with a child in your car, the government can charge you with a DUI with child endangerment enhancement or it can charge you of a DUI and bring a separate child endangerment enhancement under California Penal Code Section 273(a).

The prosecution cannot convict you of both a DUI with child endangerment and child endangerment under Section 273(a). That said, remember that a DUI with child endangerment enhancement only applies if you're driving while under the influence and have a child under the age of 14 with you in your car.

The enhancement does not apply if the child is 14 or older. As such, if you were driving with a child (anyone under 18), the prosecution can bring DUI charges along with child endangerment charges under section 273(a).

Contact Us

If you've been charged with a DUI with child endangerment, or a DUI and child endangerment under Section 273, you should immediately contact Orange County DUI Attorney William Weinberg. Mr. Weinberg has the experience necessary to achieve the best outcome for you. You can email him at bill@williamweinberg.com or call him at (949) 474-8008.

Orange County DUI Lawyer Blog - DUI

Anyone who is arrested should contact an experienced Orange County DUI Criminal Defense Attorney to determine whether or not their Fourth Amendment rights against unreasonable searches and seizures, were violated.

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