Driving under the influence (DUI) is a serious offense in California, with severe legal consequences. However, when there is a child present in the vehicle at the time of the offense, the charges become even more severe. In California, DUI with child endangerment, as governed by California Penal Code Section 273(a) and Vehicle Code Section 23572, carries enhanced penalties and has a significant impact on your legal case. In this blog, we will delve into the specifics of DUI with child endangerment, its potential consequences, and why hiring a competent Huntington Beach DUI lawyer can make a difference.
Understanding DUI with Child Endangerment (PC 273(a))
DUI with child endangerment falls under California Penal Code Section 273(a), which relates to child endangerment. When an individual operates a motor vehicle under the influence of alcohol or drugs, while also having a child under the age of 14 or younger inside the vehicle, they can face charges under this statute. This statute is fairly complex so it helps to have the guidance of a skilled Huntington Beach DUI lawyer. The underlying idea is to protect children from being exposed to potentially harmful situations caused by an impaired driver.
Enhanced Penalties for DUI with Child Endangerment (VC 23572)
California Vehicle Code Section 23572 sets forth the enhanced penalties for DUI with child endangerment. If convicted, the offender faces additional consequences on top of the regular penalties for DUI. These penalties include mandatory imprisonment, significant fines, and the potential suspension of their driving privileges.
In California, a first-time DUI with child endangerment offense can result in two days to one year in county jail. A second offense can lead to imprisonment ranging from 10 days to one year. Depending on your dui history, you may face up to 90 days of mandatory time in the Orange County jail. Additionally, fines can reach up to $10,000 for a first offense and up to $15,000 for subsequent offenses. If your Huntington Beach DUI Lawyer cannot persuade the District Attorney to dismiss the enhancement, you may also face a mandatory completion of a child abuse treatment program.
Defenses for DUI With Child Endangerment
Defenses available to your Huntington Beach DUI attorney include:
- The child in the car was older than 14 years at the time of arrest;
- You were not guilty of the underlying DUI;
- The police officer stopped you without reasonable suspicion that a crime had occurred.
If your DUI lawyer can produce any evidence that a defense may be available, then your DUI attorney may be able to leverage a favorable settlement.
Other Impacts of DUI with Child Endangerment Charges
Being charged with DUI with child endangerment not only carries legal consequences but can also have significant personal and professional ramifications. Apart from the potential jail time, fines, and mandatory programs, an individual’s criminal record will bear this serious offense. This can affect employment opportunities, child custody arrangements, and even personal relationships.
Moreover, DUI with child endangerment charges often attract heightened media attention, which can further damage a person’s reputation and hinder their ability to move on from the incident. This is why it is crucial to seek the assistance of a skilled Huntington Beach DUI attorney.
Why Hiring a Huntington Beach DUI Lawyer is Essential
When facing DUI with child endangerment charges, it is critical to have strong legal representation. A knowledgeable Huntington Beach DUI lawyer can guide you through the complex legal process and employ effective strategies to protect your rights and defend your case.
A qualified Huntington Beach DUI attorney will assess the circumstances surrounding your arrest, scrutinize the evidence presented against you, and challenge any irregularities or violations of your constitutional rights. They will work diligently to negotiate reduced charges or alternative sentencing options if appropriate, striving to minimize the impact on your life.
With their experience and expertise in handling DUI cases, a reputable DUI lawyer will provide you with the best chance of a favorable outcome. Their understanding of the complexities of DUI laws, including those pertaining to child endangerment, can make a significant difference in your case.
Free Consultation with a Huntington Beach DUI Attorney
Call The Law Office of EJ Stopyro today at (949) 278-6353 for a free and confidential telephonic consultation. Mr. Stopyro will evaluate the strengths and weaknesses of your case and help you explore your options.
Conclusion
DUI with child endangerment is a serious offense in California, carrying enhanced penalties and long-lasting consequences. It is essential to be aware of both the legalities and potential impacts of such charges, as well as the importance of hiring a skilled Huntington Beach DUI lawyer. Taking the appropriate steps to protect your rights and navigate the legal process is paramount. If you find yourself facing DUI with child endangerment charges, consulting with an experienced Huntington Beach DUI attorney should be your first course of action.