Driving while under the influence (DUI) is already a serious offense, but having a passenger who is under 14 in the car can make it more severe. California law imposes harsher penalties for DUI with a minor, including mandatory jail time and increased fines. In some situations, prosecutors can also charge you with child endangerment, which could enhance the legal penalties.

However, not all DUI arrests lead to a conviction. Knowing your rights and legal choices could help determine the appropriate steps for a favorable case outcome. If you or a family member faces these accusations in San Diego, CA, contact us at the San Diego DUI Attorney. We will offer legal counsel and help build solid defenses.

An Overview of Driving Under the Influence Laws in California

In California, driving under the influence is a criminal offense under Vehicle Code 23152. You are guilty of DUI if you operate a motor vehicle:

  • While under the influence of alcohol, drugs, or a combination of both
  • With a blood alcohol concentration (BAC) of 0.08% or higher (for adults 21 and over)
  • With a BAC of 0.01% or higher (for drivers under 21) under California’s “Zero Tolerance” law (Vehicle Code 23136)
  • With a BAC of 0.04% or higher while operating a commercial vehicle

California follows an “impaired to an appreciable degree” standard, meaning a driver can be charged with DUI even if their BAC is below the legal limit if the prosecution can prove that their ability to drive safely was compromised.

California DUI Laws and Sentencing Enhancements

DUI penalties increase significantly when certain aggravating factors are present. One of the most severe DUI enhancements involves driving under the influence with a passenger under 14 years old, which falls under Vehicle Code 23572. This aggravating factor adds mandatory jail time to the standard DUI penalties.

In addition to DUI with a minor passenger, other factors that can lead to harsher penalties include:

  • Excessive speeding while intoxicated
  • Causing injury or death (leading to felony DUI charges under Vehicle Code 23153)
  • Refusing a chemical test after a lawful DUI arrest (Vehicle Code 23612)
  • Multiple DUI convictions within 10 years

DUI With A Minor Under 14

California law imposes additional penalties if you are arrested for DUI when a passenger under 14 years old is present in your vehicle, according to Vehicle Code 23572. You could face jail time as an added punishment to standard DUI penalties. A DUI with a minor passenger triggers additional penalties under Vehicle Code 23572 without needing to prove the child experienced harm. This differs from child endangerment under Penal Code 273a.

The additional penalty applies to all DUI offenders, even if you are a first-timer or subsequent-time offender. A defendant will receive punishment for DUI and an additional enhancement penalty for driving under the influence while you have a minor present in your vehicle. The prosecution can also decide to pursue independent child endangerment charges against you, which could result in more severe punishment.

Elements That the Prosecution Must Prove

The prosecution must show beyond reasonable doubt that two essential elements exist to convince the judge to convict you. They include the following:

  1. You were under the influence.
  • You were operating a vehicle with a blood alcohol content (BAC) exceeding 0.08% when you were at least 21 years old.
  • You are under 21 years old and had a detectable blood alcohol concentration (BAC) at or above 0.01% while operating a vehicle.
  • You were operating under alcohol or drug influence or any mix of both substances, regardless of their BAC levels.
  • You failed the field sobriety tests or showed signs of impairment as observed by law enforcers.
  1. The vehicle contained an underage passenger who was younger than 14 years old.
  • The court does not need evidence showing danger or harm to the child.
  • The presence of the minor passenger inside the vehicle automatically activates the Vehicle Code 23572 enhancement penalty.

When Your Impaired Driving Leads to Death or Injury to the Minor

A DUI offense that results in death or injury to a passenger under 14 years old could result in extreme legal penalties. When such circumstances arise, prosecutors will increase the charges beyond basic DUI enhancement to pursue felony DUI, which results in more severe penalties.

According to Vehicle Code 23153, you could be charged with DUI-causing injury charges when your impaired driving results in injuries to a minor during a DUI incident. The charge of DUI causing injury is a wobbler, meaning that you could face either a misdemeanor or felony based on the extent of injuries to the victim and your previous criminal record. You could face harsh penalties, including fines, restitution payments to victims, vehicle license suspension, and possible jail time upon conviction.

You may also be charged with gross vehicular manslaughter while intoxicated under Penal Code 191.5(a) or face second-degree murder charges under the Watson Murder Rule if the child dies from the DUI incident.

The Watson murder charge applies when you were convicted of previous DUI offenses and received warnings about driving under the influence dangers. A Watson murder conviction can lead to an imprisonment term of 15 years to life.

Under Penal Code 273a, the prosecution can pursue child endangerment charges against you because you intentionally exposed the child to dangerous conditions. If convicted of felony child endangerment, you could face up to six years of state prison time, which could destroy your parental rights and custody.

Can I Face Charges for Both Child Endangerment and DUI With a Passenger Under 14?

The prosecution can file both DUI with a passenger under 14 (Vehicle Code 23572) and child endangerment (Penal Code 273a) charges against you. The offenses share the common element of driving under the influence with a minor in the vehicle, yet they have distinct legal criteria and different penalties.

According to Vehicle Code 23572, the sentencing enhancement of DUI with a Passenger Under 14 automatically applies when you operate a vehicle under the influence with a child younger than 14 years old in the car. The prosecution must prove only that the child was present in the vehicle during the DUI offense to establish this offense. The enhancement imposes mandatory jail time but does not transform the offense into a felony.

A person who knowingly exposes a child to dangerous conditions faces separate criminal prosecution under Child Endangerment PC 273a. The prosecution can file this charge against you if you show actions that result in substantial danger to your passenger child.

Child endangerment stands apart from the DUI enhancement since it allows prosecutors to charge the offense as either a misdemeanor or felony based on specific case conditions. A felony conviction for child endangerment results in up to six years in prison and may lead to the loss of parental rights.

While you can be charged with both offenses, you cannot be punished for both crimes. California law prohibits judges from punishing you for serving penalties for both child endangerment and DUI with a passenger under 14 when you committed them at the same time. The judge will sentence you to serve the stricter penalty if found guilty.

Factors for Whether the Prosecution will Charge you with DUI with a Passenger under 14 or Child Endangerment

After a DUI arrest that involves a minor passenger, prosecutors must decide between filing only the DUI enhancement under Vehicle Code 23572 or a separate child endangerment charge under Penal Code 273a or both charges. The decision to file charges depends on three main elements: your state of impairment, dangerous driving behavior, and the risk level to the child passenger.

The prosecutor tends to file child endangerment charges instead of DUI enhancement when you exhibit extreme intoxication through high BAC levels, refuse to undergo the chemical test, or show clear signs of intoxication. Driving dangerously fast, swerving between lanes, or performing aggressive driving behaviors will likely result in felony child endangerment charges.

Child endangerment charges are inevitable when the child passenger suffers injuries from a DUI-related crash. If you cause serious injuries or death during a DUI incident, you may receive felony charges for Vehicle Code 23153 and Penal Code 191.5 gross vehicular manslaughter. If you have multiple DUI convictions or show a pattern of reckless behavior, you will face harsher scrutiny and could be charged with child endangerment.

If the child was properly restrained in a car seat and there was no excessive danger, prosecutors may charge only DUI enhancement instead of child endangerment. You could be charged with child endangerment if the child had no proper restraint or was exposed to clear safety risks.

Effects of a Wet Reckless Sentence Reduction

Some DUI cases qualify for the Vehicle Code 23103.5 wet reckless plea deal, which leads to reduced penalties. However, when a minor passenger under 14 is involved, the impact of a wet reckless plea on sentencing enhancements is more complex.

The reduction to wet recklessness eliminates DUIs with passengers under 14 enhancement under Vehicle Code 23572 because the enhancement applies exclusively to DUI convictions under VC 23152. A DUI case reduced to wet reckless status eliminates the mandatory jail time.

While avoiding the DUI enhancement prevents harsh penalties, it does not eliminate all possible serious consequences. The prosecutor can still initiate child endangerment charges under Penal Code 273a even when the original DUI charge receives a reduction. Child endangerment cases are treated as misdemeanors or felonies by the law, depending on the circumstances, and felony convictions may result in state prison sentences of up to six years.

The prosecution may not agree to a wet reckless plea when there are serious aggravating elements such as elevated BAC levels, previous offenses, or reckless driving behavior that risks the child’s safety. A wet reckless conviction counts as a prior offense, which increases penalties in future DUI charges.

Legal Penalties for Vehicle 23572 Violations

According to California Vehicle Code 23572, a DUI offense with a passenger under 14 years old results in jail time in addition to the standard DUI penalties. The standard DUI penalties within California consist of:

  • First DUI Conviction: Up to six months in jail, fines up to $1,000, and a license suspension of at least six months.
  • Second DUI Conviction: Up to one year in jail, fines up to $1,000, and a license suspension of up to two years.
  • Third DUI Conviction: Up to one year in jail, fines up to $1,000, and a license suspension of up to three years.
  • A fourth DUI offense or Subsequent Offenses: This could result in felony charges that lead to 16 months to four years of prison time with maximum fines of $5,000 and license suspension lasting 18 to 30 months.

The law requires additional mandatory jail time for DUI offenders who have passengers younger than 14 years old.

  • First DUI offense with a Minor Passenger: An additional 48 continuous hours in jail.
  • Second DUI Offense within 10 Years: An additional 10 days in jail.
  • Third DUI Offense within 10 Years: An additional 30 days in jail.
  • Fourth or more DUI Offenses within 10 Years (misdemeanor DUI): An additional 90 days in jail.
  • Fourth DUI offense Felony Charge: This makes Vehicle Code 23572 inapplicable. You must face felony DUI consequences resulting in extended prison time, higher fines, and extended license suspension periods.

You could also receive additional charges under Penal Code 273a for endangering your child during the same offense period. Child endangerment is a wobbler offense that prosecutors can file as either a misdemeanor or felony, leading to jail sentences of one year in jail or six years in prison.

Effects of a Conviction of a DUI With a Passenger Under 14 on Parents

The consequences that follow when you, as a parent, operate a vehicle under the influence with minors in the car extend past standard criminal punishments. If convicted of DUI with a minor passenger, you could face multiple consequences that include mandatory jail time, fines, and license suspensions. You also risk legal and personal impacts on child custody, parental rights, and your professional career.

Child Endangerment Charges

When you operate a motor vehicle under the influence with a minor under 14 in the car, it could trigger an independent child endangerment charge under Penal Code 273a. According to Penal Code 273a, prosecutors claim that putting a child in danger happens when an intoxicated person drives while carrying a minor passenger.

A child endangerment misdemeanor conviction can result in one year of detention in jail. A felony child endangerment occurs when you have high BAC levels, engage in reckless driving, or cause accidents, which results in up to six years in prison.

Child Protective Services (CPS) Involvement

A DUI offense that involves a child passenger often leads Child Protective Services (CPS) to launch an investigation. The Protective Services Agency determines that unsafe parental conduct endangers child safety, which could result in:

  • Home visits to inspect the child’s condition.
  • Mandatory parenting or substance abuse classes as part of a reunification plan.
  • Temporary or permanent loss of custody, particularly in cases of repeated offenses or serious child endangerment.

A DUI offense with a passenger under 14 can result in severe legal repercussions in family court proceedings. They include the following:

  • The court will limit child custody arrangements while granting custody to the other parent.
  • The court will enforce supervised visitation, demanding a third party accompany the visits.
  • The court may deny joint custody rights if it is a case of persistent reckless conduct.

Family courts base their decisions on what is best for the child; therefore, a DUI offense with a passenger under 14 can reduce parental rights during custody proceedings.

Legal Defenses to Vehicle Code 23572 Violation Accusations

According to Vehicle Code 23572, DUI offenses involving a passenger under 14 could lead to substantial legal penalties in California. A person who receives an arrest does not necessarily have to face a conviction. The prosecution’s case can be challenged through multiple solid legal defenses. They include the following:

Unlawful Traffic Stop

A law enforcement officer must have a reasonable suspicion to pull over a vehicle. The police must witness a traffic offense, erratic driving, or suspicious conduct before stopping a driver. The court cannot use evidence collected during an unlawful stop because it lacks legal validity.

Your defense attorney can request evidence suppression through a motion when officers stop you without proper legal grounds. This defense could result in the dismissal or reduction of charges because there would be no valid evidence to present in court.

The validity of a traffic stop can be contested through dashboard camera evidence, witness testimonies, and discrepancies found in police reports.

Inaccurate BAC Test Results

DUI cases heavily depend on BAC test results, which sometimes produce incorrect results. Several factors can lead to false high readings, including:

  • A breathalyzer machine whose calibration process is not done correctly or lacks proper maintenance.
  • Suffering from acid reflux (GERD), diabetes, and hypoglycemia could falsely increase BAC test results.
  • Recent use of mouthwash, breath spray, or burping can produce false readings in breath tests due to mouth alcohol contamination.
  • The alcohol absorption process into the bloodstream requires a significant amount of time. After an arrest, the BAC level of a driver who recently finished drinking might read very high even though he took a small amount of alcohol.

Your DUI attorney can use maintenance records of breathalyzers and request new blood tests or call toxicology experts to prove BAC results are inaccurate. When there is doubt about the test results, it could weaken the prosecution’s case.

Improper Field Sobriety Test Administration

Field Sobriety Tests (FSTs) are often used as evidence of impairment. However, their results are frequently unreliable. Officers must correctly execute test procedures because improper administration could lead to unreliable results. Your performance when you take these tests is influenced by multiple external elements, which include:

  • Irregular Road Surfaces: You could lose balance due to irregular road surfaces.
  • Inadequate Lighting: You may not be able to walk in a straight line if there is poor lighting.
  • Adverse Weather Conditions: Performing tests becomes challenging due to adverse weather conditions, including rain and wind.
  • Medical conditions such as vertigo, neurological disorders, or injuries may impair your coordination.
  • How the officers delivered instructions to you during the test can generate confusion, resulting in inaccurate results.

Your attorney can challenge the reliability of an officer’s observations by demonstrating either improper field sobriety test administration or performance-altering non-alcohol-related factors.

There was no Minor Under 14 Passenger at the Time of Your Arrest

The prosecution needs to establish beyond reasonable doubt that a child under 14 years old was present in the vehicle when you were being arrested for the DUI enhancement to apply. The enhancement cannot apply when there is uncertainty about the passenger’s age and their documentation is inadequate.

Your defense attorney can challenge this enhancement through the following questions:

  • Does the prosecution have verifiable age documentation such as birth certificates or official records to prove the child’s age?
  • Does the testimony provided by witnesses about the passenger’s age show contradictory information?
  • If the police correctly identified the minor passenger during the traffic stop?

The court will dismiss the enhancement if the prosecution fails to produce solid proof about the child’s age, resulting in reduced punishment.

Necessity or Duress Defense

The necessity defense allows you to argue that driving under the influence was necessary to prevent a significant emergency. The necessity defense applies in this situation when:

  • You had a reasonable belief that driving while impaired was essential to stop a more significant danger from occurring.
  • You had no other practical options to choose from.
  • The emergency exceeded the dangers that could have emerged from driving under the influence.

As an example, a driver who needed to transport a sick child to a hospital emergency ward because no other transport was available could argue that driving under the influence was the least harmful option.

You could use duress defense when another person forces you to drive by, threatening that they will harm you. The defense can show that you had no genuine freedom to make a different decision when someone threatened you with violence.

Find a San Diego DUI Defense Lawyer Near Me

A DUI with a passenger below 14 years old could lead to harsh punishments, including time in jail, fines, and a suspended license. A guilty verdict could also lead to a child endangerment accusation. This could make the repercussions even more severe. However, an experienced defense attorney can convince the judge to reduce or dismiss your charges.

If you or someone you care about is dealing with a Vehicle Code 23572 charge, secure knowledgeable legal help immediately. Contact the San Diego DUI Attorney at 619-535-7150 today for a free consultation and to discuss your legal options.