Getting a DUI with a child in the car makes an already serious charge worse. Under Vehicle Code 23572, if you're convicted of a DUI while a passenger under 14 was in the vehicle, California adds a mandatory sentencing enhancement of extra jail time on top of the base DUI penalty. The added time grows with each prior DUI.
That's not the only exposure. Prosecutors can also file a separate child endangerment charge under Penal Code 273a. That charge is a wobbler, meaning it can be a misdemeanor or a felony depending on the circumstances and your record. Facing both at once means the potential penalties stack.
There's often a third layer too. A DUI arrest with a child present can trigger a referral to Child Protective Services, which opens a separate process affecting custody and family matters entirely apart from the criminal court.
Because so much is on the line, the defense strategy has to address every front. The underlying DUI still has to be proven, so the stop, the arrest, and the chemical test are all fair game to challenge. Weakening or resolving the base DUI can undercut the enhancement and the related charges that depend on it.
Read more on the criminal defense page and the first DUI page.
This is general information, not legal advice, and every case is different. For a free consultation, call (858) 622-7280 or visit /contact.