Los Angeles DUI With Passenger Under 14

California DUI Charges – Passenger Under 14

In addition to the standard penalties for a Los Angeles DUI that are proscribed by law, there are aggravating factors that can increase the punishment handed down by the court. One of these is described in Section 23572 of the California Vehicle Code, which provides for mandatory jail sentences on DUI convictions if the driver had s passenger under the age of 14 in the car at the time of arrest.

The mandatory jail required for DUI with a passenger under the age of 14 is 48 hours on a first time DUI, 10 days for a second DUI conviction, 30 days for the third conviction and 90 days for someone’s fourth or subsequent DUI conviction (if that fourth or subsequent DUI is charged as a misdemeanor). For the purposes of Section 23573, prior DUI convictions are those that occurred within the ten year period preceding the current DUI arrest date.

The enhanced penalties can only be applied to convictions for DUI under Vehicle Code 23152 (a) and (b). Thus if you are able to get a “wet reckless” under Vehicle Code Section 23103/23103.5, the enhancements would be inapplicable.

DUI with minor In addition to the sentencing enhancements under Vehicle Code Section 23573, prosecutors will often charge a separate count of child endangerment pursuant to California Penal Code Section 273(a). This offense is considered to be a “wobbler,” meaning that it can be charged as either a felony or a misdemeanor. PC 273(a) prohibits individuals from willfully putting a child into a predicament in which that child’s health or welfare are threatened. If filed as a misdemeanor, the maximum sentence is a year in jail. If filed as a felony, a person could be sent to prison to up to six years. For Penal Code Section 273(a), a minor is someone younger than 18. While prosecutors can charge drivers for both DUI and for violating Penal Code 273(a), keep in mind that if you are convicted of both, the court cannot impose the additional penalties proscribed in Vehicle Code Section 23573.

Because of the enhanced punishments for drivers with minor passengers facing DUI charges, it is critical that you have a skilled attorney fighting on your behalf. Los Angeles DUI Attorney Michael Kraut was a deputy district attorney for over 15 years who was trained at Harvard Law School. After working for the District Attorney, Mr. Kraut opened the Kraut Law Group. Mr. Kraut will aggressively defend your case explore every angle and argument to ensure you have the best defense possible. Contact Mr. Kraut directly at (323) 464-6453 24/7 for assistance on your Los Angeles DUI. The consultation is free.

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.