California has enhanced penalties for driving under the influence, or DUI, depending on certain factors like speeding or prior DUI convictions. Another factor is having a minor in the vehicle at the time of an alleged DUI offense. According to the state’s vehicle code 23572, the enhanced DUI penalty includes mandatory jail time. The amount of time received depends on whether the DUI conviction is the driver’s first, second, third or more.
Enhanced DUI Penalties
California imposes enhanced DUI sentences in addition to the original DUI sentence which includes:
- 48 hours in jail for the first DUI conviction.
- 10 days for a second DUI conviction within a 10 year-period.
- 30 days for a third DUI conviction within a 10 year-period.
- 90 days for a fourth or subsequent DUI conviction within a 10 year-period.
The above sentencing is applicable if a driver is convicted of DUI according to VC 23152. This is the primary law in California for DUI. If the original DUI charge is dropped to a wet reckless, then the enhanced penalties do not apply.
DUI with a Minor
A prosecution must prove two elements regarding a DUI with a minor charge. The first is that you were actually under the influence of drugs and/ or alcohol at time of the traffic stop or accident. This element is proven by:
- Evidence that your blood alcohol concentration, BAC, was 0.08 percent or higher and/ or
- Your driving abilities were impaired by the drugs and/ or alcohol you consumed.
The second element is that you had a minor under the age of 14 years old in the vehicle at the time of the arrest. The prosecutor does not need to show that you intended to harm the child or endanger his or her life.
Child Endangering and DUI
If the state does not charge you with DUI with a minor in the vehicle, it may charge you with another type of criminal charge. The charge of child endangerment also applies in situations where a driver is arrested for DUI and has a minor in the vehicle at the time of the arrest. According to California Penal Code 273, an individual may face a misdemeanor or felony charge for willfully and intentionally putting a child in harm’s way. This includes having a minor under 18 years old in a vehicle at the time of a DUI arrest.
If convicted, you face up to:
- One year in jail
Or - Two to six years in prison.
The same DUI enhanced sentencing applies. The driver also faces the traditional DUI charge according to California’s Vehicle Code 23152.
To learn more about your rights and legal options contact the Law Offices of Jonathan Franklin to schedule your free consultation. At the Law Offices of Jonathan Franklin, we are committed to protecting your rights while providing you with a strong defense for your DUI charge.
