Burbank DUI With Child In The Vehicle

Burbank DUI Attorneychild endangerment

Courts and the legislature have recognized that there are various aggravating factors that, when present, should trigger enhanced court penalties on any underlying conviction for driving under the influence. For those convicted of a Burbank DUI offense, one of the penalty enhancements that may lead to additional time in jail is the enhancement for having a minor child present in the vehicle at the time the DUI incident. Under California Vehicle Code Section 23572 VC, anyone convicted of DUI who also had a minor child in the vehicle can face significant jail sentences. In addition, the defendant may also be charged separately with child endangerment pursuant to California Penal Code Section 273(a) PC.

For the California Vehicle Code Section 23572 VC enhancement to be applicable, the following conditions must be met:

  1. There must first be a conviction for DUI under California Vehicle Code Section 23152 VC.

  2. There must be additional facts showing that when the defendant was stopped and arrested for DUI, a child under the age of 14 was present in the vehicle.

The California Vehicle Code Section 23572 VC penalty enhancement cannot be imposed if the defendant is not convicted of a Burbank DUI offense. In many cases, the defendant may resolve his or her DUI case by pleading to a reduced charge, like wet reckless under California Vehicle Code Section 23103/23103.5 VC or exhibition of speed per California Vehicle Code Section 23109(c) VC. Because the DUI charge under California Vehicle Code Section 23152(a) VC or California Vehicle Code Section 23152(b) VC would be dismissed in this scenario, the penalty enhancement could not be applied to the defendant.

The penalty enhancement for a having a minor child in the vehicle at the time of arrest will impose the following penalties on a Burbank DUI defendant:

  1. On a defendant’s first DUI, the California Vehicle Code Section 23572 VC penalty enhancement adds a mandatory 48 hours in jail.

  2. For a defendant’s second DUI within ten years, the penalty enhancement adds 10 days to any underlying sentence.

  3. For a defendant’s third DUI within ten years, an additional 30 days would be tacked on to the defendant’s jail requirement.

  4. For a defendant’s fourth or subsequent DUI offense charged as a misdemeanor, the defendant would face an additional 90 days in jail. The penalty enhancement would not apply to felony DUI convictions, under which the defendant would be serving significantly longer jail sentences anyways.

A Burbank DUI driver who had a child in his or her vehicle when they were arrested may also be exposed to criminal liability for child endangerment under California Penal Code Section 273(a) PC. This crime is slightly different from the California Vehicle Code Section 23572 VC penalty enhancement, as the defendant can be charged when the minor passenger was under the age of 18, as opposed to 14.

The crime of child endangerment is considered a “wobbler” offense. This means that a prosecutor can pursue the case as either a felony or a misdemeanor. Prosecutors will consider a number of factors when deciding what level of charges to file, including the defendant’s criminal record and the severity of the offense. A felony child endangerment charge carries a maximum penalty of four years, while a misdemeanor conviction can carry jail sentences of up to six months. Typically, a prosecutor will only consider child endangerment charges if the defendant’s driving conduct was especially egregious or if his BAC was unusually high. A defendant in Burbank can be charged with both DUI and child endangerment, however if he or she is convicted of child endangerment the California Vehicle Code Section 23572 VC penalty enhancement would not apply.

If you or a loved one have been charged with a DUI offense in Burbank and the prosecutor has additionally alleged that there was a minor child in the car, it is imperative that you consult with a Burbank DUI Lawyer immediately. Burbank DUI Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who is highly respected in Burbank by judges, law enforcement and prosecutors as a tough litigator who knows how to effectively fight DUI allegations and enhancements.

For more information about the Burbank DUI with a child in the vehicle enhancement, and to schedule your free consultation, contact Burbank DUI Defense Lawyer Michael Kraut at the Kraut Law Group located at 2600 West Olive Avenue, 5th Floor, Burbank, CA 91505. Mr. Kraut can be reached 24/7 at 818-563-9810.

Share |
Client Reviews
★★★★★
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan Thomas
★★★★★
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
★★★★★
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
★★★★★
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel Lepervanche
★★★★★
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.