Glendale DUI With Child In The Vehicle

Glendale DUI AttorneyDUI with child

There are several DUI penalty enhancements that, when proven, can add significant jail time to any Glendale driving under the influence conviction. One of the enhancements that will add some of the most jail time is the enhancement for having a minor child in the vehicle at the time of the DUI under California Vehicle Code Section 23572 VC. This penalty enhancement imposes additional jail time on the underlying DUI conviction. Additionally, driving drunk while having a minor child in the vehicle may expose the defendant to separate criminal charges of child endangerment under California Penal Code Section 273(a) PC, which can be filed as a felony.

For the defendant to be found guilty of the penalty enhancement for having a minor child in the vehicle, the following elements must be present:

  1. The defendant was convicted of DUI under California Vehicle Code Section 23152 VC.

  2. The prosecution can show that at the time the defendant was driving under the influence, he or she had a minor child in the vehicle who was under 14 on the date of the incident.

Before this penalty enhancement can be applied, the defendant must have first been convicted of DUI. There may be circumstances where the DUI charge was dismissed or the defendant was allowed to plead to a reduced charge, such as wet reckless per California Vehicle Code Section 23103/23103.5 VC or exhibition of speed pursuant to California Vehicle Code Section 23109(c) VC, as part of a plea agreement. In these cases, the penalty enhancement could not be enforced against the defendant.

If the penalty enhancement is imposed on a person convicted of driving under the influence in Glendale, the following penalties would be added depending on the defendant’s prior DUI record:

  1. If the defendant had no prior DUI convictions, an additional 48 hours would be tacked on to his sentence as a result of driving with a minor child in the vehicle.

  2. If the defendant had one prior DUI within ten years, the penalty enhancement would add 10 days to the underlying sentence.

  3. If the defendant had two DUI convictions within ten years, the penalty enhancement would add 30 days to the underlying sentence.

  4. If this is the defendant’s fourth or subsequent DUI within ten years and the offense is charged as a misdemeanor, the California Penal Code Section 23572 VC penalty enhancement will add 90 days to the underlying DUI sentence. If the fourth (or subsequent) DUI is charged as a felony, the penalty enhancement would not apply, however the defendant would face significant jail or prison sentences.

In addition to the penalty enhancement that can be tacked on to a Glendale DUI conviction, someone who is caught driving while under the influence and with a child in the vehicle may be charged separately with child endangerment pursuant to California Penal Code Section 273(a) PC. The crime of child endangerment may be charged when the minor in question is under the age of 18, while the penalty enhancement only applies when the minor is under 14.

Child endangerment is what is referred to as a “wobbler” crime, which means that prosecutors can file either felony or misdemeanor charges. If convicted of child endangerment as a felony, a judge can sentence the defendant to up to four years in prison. If convicted of this offense as a misdemeanor, the maximum jail time that can be imposed is six months. A person can be charged with both child endangerment as well as DUI with the California Vehicle Code Section 23572 VC enhancement for the same incident. However, child endangerment is typically only charged in the most egregious cases, such as where the defendant’s BAC was unusually high or where there was reckless or dangerous driving conduct involved.

If you have been arrested for a Glendale DUI offense with the accompanying penalty enhancement for having a minor child in the vehicle, it is very important that you speak with a qualified Glendale DUI Attorney right away. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Glendale DUI Attorney Michael Kraut knows how to effectively combat any additional allegation that may be part of a DUI prosecution. Mr. Kraut is well respected by judges and law enforcement in Glendale as a tough litigator who fights hard on behalf of his clients.

For more information about the Glendale DUI with a child in the vehicle enhancement, and to schedule your free consultation, contact Glendale DUI Lawyer Michael Kraut at the Kraut Law Group located at 121 W Lexington Dr, Glendale, CA 91203. Mr. Kraut can be reached 24/7 at 818-507-9123.

Share |
Featured on CNN
ABC News
NBC News
Los Angeles Times
CBS News
The New York Times
Us Weekly
Entertainment Tonight
Good Morning America
Legal Broadcast Network
Avvo Rating 10.0
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
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
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.