Most people understand that a DUI is a serious offense. What many don’t fully appreciate is how much worse things get when a child is in the vehicle when you are arrested. In California, driving under the influence with a minor passenger doesn’t just add a little extra trouble—it can significantly increase penalties and expose you to separate criminal charges and other legal consequences.
DUI Penalties Are Worse
If you’re arrested for DUI, you’re already facing consequences such as:
- License suspension
- Fines and court fees
- DUI program
- Possible jail time
When a child under 14 is in the car, California law imposes enhanced penalties on top of the standard DUI punishment. These enhancements can include mandatory additional jail time, even for a first offense.
Child Endangerment Charges
Beyond the DUI itself, prosecutors often file a separate charge for child endangerment. This is where things can escalate quickly. Child endangerment can be charged as either:
- A misdemeanor that can carry probation, possible custody up to a year in Jail and a 52 week parenting class
- A felony, depending on the circumstances, can carry probation, local custody up to a year or possible state prison in an aggravated case as well as a parenting class.
Factors that influence how it’s charged include:
- The level of intoxication
- Whether there was an accident
- The child’s age
- Whether the child was injured
- Prior record
- How dangerous was the driving
Potential Impact on Custody and Family Court
A DUI with a child in the vehicle doesn’t just stay in criminal court. It can spill over into family law issues, especially if you are involved in a custody and visitation dispute. Judges take these cases seriously because they directly involve a child’s safety.
Consequences may include:
- Loss or restriction of custody
- Supervised visitation
- Court-ordered parenting classes or counseling
Increased Scrutiny From Child Protective Services (CPS)
In most cases, law enforcement will notify Child Protective Services. That can trigger an investigation into the child’s living situation and overall safety. Even if no additional charges are filed beyond the DUI, a CPS involvement can be stressful, invasive, and have long-term implications.
The Worst Thing You Can Do Is Ignore The Situation
A DUI is serious. A DUI with a child in the car is more serious, which is why prosecutors and judges are more concerned. If you or someone you know is facing this situation, the worst move is to ignore it or assume it will “work itself out.”
Criminal defense attorneys at Christoph Law Offices have been helping individuals facing DUI cases in similar situations for over 40 years. They will explain the DMV and Court issues as well as advise you on how to help mitigate consequences.
Christoph Law Offices is located across from the North County Courthouse and provide the highest level of personal professional DUI Defense representation. Reach out for a free consultation by calling 760-941-5720.
