Yes, criminal child endangerment, California Penal Code 273a(a) or PC 273a(b) can be charged with a an Oceanside DUI or any DUI. Just by having the care or custody of a child and placing the child in a situation where the child could be injured is sufficient for the misdemeanor criminal charge. Driving under the influence of alcohol and/or a drug with a child in the car usually results in child endangerment charges even if the child is in a car seat or properly seat belted in the vehicle. This charge can be a felony if the child is willfully placed in a situation “under crircumstances likely to produce great bodily injury or death” even if they do not suffer actual injury.
Misdemeanor child endangerment carries the possibility of up to 1 year jail, 5 years probation, 52 week parenting class and other probation terms or restrictions concerning the child. The felony carries potentially up to a six year prison commit as well as the other terms if granted probation. The facts of the case and background of the person charged are considered in determining whether a misdemeanor or felony should be filed. Usually non accident misdemeanor DUI cases where there are no aggravating factors, like high blood alcohol, dangerous driving or prior record, will be filed as a misdemeanor. There is also a simple allegation having a child under 14 in the vehicle with a DUI, not an endangerment charge, may be used to avoid the more serious endangerment charge.
Experienced DUI and Criminal Defense attorneys like Nicholas and William Christoph know the important factors that need to be addressed along with other things that can be done during the course of the case to ensure the best possible resolution. Call Christoph Law Offices @ 760-941-5720 for a free consultation and evaluation. Located across from Vista Courts for over 32 years, we provide the highest level of personal and professional representation.
