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In California, DUI laws are designed to apply greater penalties when aggravating factors are present in your case. A simple DUI traffic stop can become more serious if there is a child with you in the car. This may be considered child endangerment and result in an enhanced sentence if you are convicted. If you are charged with a San Diego DUI with a child passenger in the car, you will need the help of a skilled DUI lawyer. Contact us today to learn how Jessica McElfresh has helped countless individuals facing charges.
In California, child endangerment is a sentencing enhancement in any DUI matter. Accordingly, it only becomes relevant after being found guilty. The matter is straightforward, and the court is not concerned with your overall intentions. So, for example, the court will not look into whether or not you had intentions to harm the child or that you were driving in such a manner to endanger the child. To satisfy the law and the resulting increased penalties, the court is concerned with only two facts:
If a prosecutor proves these conditions were present, then you will face an increased sentence in addition to the penalties for the underlying DUI.
It is important to note that while child endangerment is a sentencing enhancement in relation to DUI offenses, the prosecution can pursue the crime of child endangerment as a separate offense. When this occurs, the matter may be prosecuted as a misdemeanor or a felony. Under this charge, the law seeks to prosecute individuals who willfully endanger the health or welfare of a child. Driving under the influence is one such behavior that falls under this classification of child endangerment.
Jail time will depend on several factors. Whether this is your first DUI conviction will be on the list to consider in sentencing. Since DUIs are generally charged as misdemeanors, a first offender may often escape jail time. However, with a child endangerment enhancement, in addition to the sentence for the DUI, the court can also impose the following:
In considering your prior convictions, the court will only take into consideration DUI convictions from the last 10 years. However, if you are separately charged with child endangerment, you could face up to 1 year in jail if the matter is a misdemeanor, or up to 6 years in prison if charged with felonious child endangerment.
When charged with a San Diego DUI with a child in the car, you should never plead guilty or agree to any lesser charge until you have spoken with a lawyer. Despite what may look like an overwhelming amount of evidence against you, you may have options for fighting your charge.
The key to preventing enhanced sentencing in relation to child endangerment is to beat the DUI charge. Accordingly, you can contest the chemical testing and the procedure employed by the police in your arrest and testing, and, if you were not driving at the point, you can have a strong defense at trial. However, if you are found guilty or you choose to plead guilty, your lawyer can make an argument for leniency at your sentencing.
In addition to fighting the DUI charge, an experienced DUI lawyer may be able to get the charge dismissed based on the circumstances of the case. When dismissed, there is no need for a trial. Alternatively, your lawyer could negotiate to have your charge reduced, in which case the enhanced sentencing may not apply.
Not necessarily. In many cases, prosecutors apply the child endangerment enhancement rather than filing a separate criminal charge. A standalone child endangerment count is typically pursued when the circumstances suggest more serious risk, such as excessively high blood alcohol content, dangerous driving behavior, or prior child welfare concerns. Whether that additional charge is filed is ultimately up to the prosecutor, and a skilled lawyer can often argue against it early in the case.
Yes. A DUI arrest involving a minor in the car, especially one under 14, may trigger a referral to Child Protective Services (CPS). CPS involvement does not automatically mean you will lose custody or face a dependency case, but it can add stress and additional requirements, such as safety assessments or interviews. Your attorney can help you understand what to expect and how to protect your parental rights.
The enhancement itself does not create a separate DMV suspension, but the underlying DUI does. You must still request a DMV hearing within 10 days of arrest to challenge the administrative suspension. While the DMV is not concerned with aggravating factors like child endangerment, a DUI conviction in court can still influence any reinstatement conditions or requirements for restricted driving privileges.
Prosecutors typically rely on straightforward documentation such as the child’s birthdate, school records, or the officer’s report. Even small discrepancies usually do not help unless the child is very close to turning 14. Your lawyer may examine whether officers properly identified the child, whether statements were recorded accurately, and whether the prosecution can establish the child’s age with admissible evidence.
If you were not operating the vehicle at the time of the stop, you may have a strong defense to both the DUI and the enhancement. Officers sometimes assume who was driving based on where individuals were positioned when they arrived. Surveillance footage, witness testimony, or evidence showing you switched seats after the car stopped may be important. Challenging the identity of the driver can be an effective strategy in these cases.
Yes. While the article addresses jail time, courts may also impose steeper fines, longer probation periods, mandatory parenting classes, alcohol education programs, or stricter terms related to custody or visitation. These additional penalties vary depending on the court and the specifics of the case.
A DUI with a child passenger enhancement will appear as part of your DUI conviction unless later reduced or expunged. An expungement may be possible if you successfully complete probation and meet eligibility criteria. However, an expunged conviction can still count as a prior DUI if you face new charges within the 10-year lookback period.
It can. Prosecutors may be less willing to offer standard DUI reductions when aggravating factors are present. However, a strong legal defense that challenges the stop, test results, or officer procedures can restore leverage in negotiations. Experienced defense counsel often works to secure reductions that avoid enhancements, limit incarceration, or preserve driving privileges.
For years, McElfresh Law has been representing individuals charged with criminal offenses. We are experienced and skilled at criminal defense and understand the law and the system. We provide high-quality legal representation not only for your DUI charge, but also for any separate charge you may face after an accusation of a San Diego DUI with a child in the car. Having the right lawyer on your side can make a huge difference when charged with a crime. Call attorney Jessica McElfresh today at (858) 756-7107 and we can discuss how to secure your freedom and keep you out of jail.
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