Driving under the influence of drugs or alcohol attracts significant penalties because of the risks posed to human life. The penalties significantly increase for drivers who knowingly drive under the influence of drugs or alcohol or both with a child under 14 years old in the vehicle. If convicted, you will receive the standard penalties for the DUI violation and additional penalties for risking the life of the child.
It is advisable to act fast when you face DUI with a passenger under 14 charges. Hiring an experienced attorney will, among other things, give you access to legal assistance, negotiate with the prosecutor on your behalf to reduce the charges, and help you develop a winning defense strategy. This is our commitment as the California Criminal Lawyer Group to individuals facing DUI with a passenger under 14 years of age charges in Santa Ana.
Driving Under the Influence According to California Law
Having a child while operating a vehicle under the influence of drugs or alcohol is an aggravating circumstance and a violation of VC 23572. The primary offense is driving under the influence.
You violate Vehicle Code 23152(a) when you drive under the influence of alcohol and Vehicle Code 23152(b) when you operate a car with a blood alcohol content (BAC) exceeding 0.08%.
In the interest of public safety on the roads, VC 23152 makes it a crime for any individual to drive under the influence of alcohol and/or drugs. Police officers establish inebriation by conducting sobriety tests at DUI stops or after pulling you over for another violation.
Title 17 guides police officers on how to test a driver’s blood alcohol content. Of importance to note is that officers do not require probable cause to stop drivers and carry out sobriety tests at sobriety checkpoints. However, probable cause is needed to stop you at any place other than a sobriety checkpoint. He/she could have observed you driving erratically, speeding beyond the prescribed speed limit, or for an infraction like a broken tail light. Only when he/she has reasonable suspicion can he/she conduct a sobriety test.
DUI With a Passenger Under 14 Under the Law
You will first be found guilty of driving under the influence of drugs or alcohol before receiving a penalty enhancement for operating a vehicle with a minor below 14 years of age while inebriated.
A child’s safety is paramount. Therefore, driving while under the influence goes beyond endangering the child’s life because of the deliberate risk to the child’s life when an individual drives while intoxicated.
Prosecutors must prove the following elements for you to be found guilty of driving drunk with a minor aged 14 years or below. He/she must prove beyond a reasonable doubt that:
- You operated a vehicle under the influence of alcohol or drugs
- A child of 14 years or less was in your car at the time of your arrest
It is also important to note that prior DUI convictions will affect the penalties you are likely to receive upon conviction, over and above the punishments for endangering the child’s life.
A first-time DUI is any conviction for driving under the influence as a first offense. Subsequent DUI convictions occur within ten years of prior DUI convictions. A second DUI conviction follows the first if you are found guilty of driving under the influence within ten years of the first. The third DUI conviction is within ten years of the second and the fourth within ten years of the third DUI conviction.
Equally worth noting is that having a child passenger while driving while under the influence does not mean you intend to harm the child.
Additionally, the manner of your driving or the level of your intoxication is inconsequential in this case.
Fighting DUI With a Child Passenger Charges
Convictions under VC 23572 are consequential. They hurt your social and economic life beyond receiving the penalties outlined under VC 23572. Having experienced legal help makes all the difference in your legal outcome. An attorney’s input determines whether you will secure reduced charges and serve fewer penalties or a dismissal of your case.
Here are a few options he/she can opt for as your defense at trial.
Not Guilty of a DUI
VC 23572 charges are anchored in DUI violations. If you were not driving under the influence and are not guilty of driving under the influence, you could not be found guilty of a VC 23572 violation. Your attorney will seek to challenge the DUI charge to have the driving under the influence with a passenger under 14 years of age charges dropped.
Here are a few strategies to challenge the DUI charge.
a) Poor Driving is Not Indicative of Driving Under the Influence
Take swerving into oncoming traffic or departing from your lane onto another without warning as examples. These are instances of poor driving. Police could mistake this for intoxicated driving and will require you to stop. While operating with the assumption that you were intoxicated, the offices will conduct investigations to confirm their suspicions. If your attorney proves that police officers mistook your poor driving for drunk driving, your case will be dropped.
b) Signs of Intoxication is Not Necessarily a Confirmation of Inebriated Driving
Police officers look for signs of intoxication, such as watery eyes, alcoholic breath, and slurred speech. However, these signs are not exclusive to intoxication. Individuals could be fatigued, suffer from a medical condition, suffer an allergic reaction, or the weather could affect the driver, thus exhibiting the signs. In other situations, the food a driver consumes could result in the above symptoms.
An attorney will present the above likelihoods to challenge the prosecution's DUI case.
c) Inaccurate Sobriety Tests
Field sobriety tests are not effective. For example, when requested to maintain your balance, officers fail to account for issues that could compromise your stability. For example, clothes, uneven ground, and an individual’s weight are all factors that compromise the stability test. If proven, the DUI charges will be dropped.
False High BAC Levels
Breathalyzers do give a false reading. This challenge is remedied by Title 17. Some of the regulations under Title 17 officers should adhere to include:
- Proper maintenance of breathalyzers and calibration 150 uses or ten days, whichever comes first.
- A driver should remain under observation for at least 15 minutes before the officers administer the test, during which he/she should not drink or consume any food. It is also important to note that burping, vomiting, or regurgitating can give a false reading
- Drivers should provide breath samples from lung air (deep alveolar air)
Failure to follow Title 17’s provisions on breath samples leads to a false high reading.
Failure by the Arresting Officer to Follow Guidelines
Police offices should adhere to the provisions of Title 17. Moreover, he/she should follow other procedures before arresting you, for example, reading your Miranda rights. Failure to read you your rights is grounds to challenge the case based on police misconduct. Any evidence obtained after your arrest is inadmissible in court.
Your case could be dismissed if the courts establish that officers violated your rights.
Additionally, officers need probable cause that you committed an offense to stop you. For example, a traffic officer could see an open beer can after pulling you over for running a red light, or they could pull you over for a broken tail light and detect an alcoholic breath.
However, you can challenge the DUI charge if the officer did not have probable cause.
No Child Passenger Under 14 Years of Age
Prosecutors bear the burden of proving the child was below 14 years old at the time of the arrest. Should the prosecution be mistaken, your attorney will present the child’s age to the court. Remember, you are only guilty of a VC 23572 violation if the child is under 14 years of age.
Note: If the child was older than 14 but younger than 18, prosecutors could pursue child endangerment charges.
Penalties for Driving Under the Influence With a Passenger Under 14 Years of Age
As pointed out, you will receive penalties for your DUI violation, and the courts will impose further penalties for endangering the child’s life. Here is a breakdown of the likely penalties for various DUI offenses and for risking the child’s life.
First DUI Offense
First-time DUI offenses are punishable as follows.
- Up to six months in jail
- Summary probation for three to five years instead of time in jail
- Fines of between $390 and $1,000.
- Court-mandated alcohol and/or drug education for three to nine months
- A requirement by the judge to install an Ignition Interlock Device (IID) in a defendant’s vehicle for six months. This device allows you to drive without restrictions.
- A driver’s license suspension for six to ten months — The DMV could convert the restricted license should you fail to install an IID. Restrictions enable you to drive to school, your place of work, and a DUI school.
You will receive an additional 48 hours in jail for violating Vehicle Code 23572 (DUI with a passenger under 14 years old).
Second DUI Offense
A second DUI offense is a misdemeanor violation punishable by:
- 96 hours to one year in jail
- Summary probation for three to five years instead of jail time
- Fines of between $390 and $1,000
- Completion of an 18-month or 30-month court-mandated alcohol and drug education program
- Mandatory installation of an IID for one year
- A two-year driver’s license suspension should you fail to install an IID. The license suspension is convertible to a restricted license after one year.
A further ten days will be added to your jail sentence if you are found guilty of a VC 23572 violation.
Third DUI Offense
Any individual who is found to have driven under the influence of alcohol and/or drugs within ten years of the second DUI commits a third DUI misdemeanor offense punishable by:
- 120 days to one year in jail
- Summary probation of between three to five years
- Fines of between $390 and $1,000
- Completion of a 30-month long DUI education program at a DUI-approved school
- Mandatory installation of an IID for two years that offers unrestricted driving privileges
- A three-year driver’s license suspension should you fail to install an IID. The suspension is convertible to a restricted license after 18 months, and
- An HTO (Habitual Traffic Offender) designation by the DMV
The judge will add 30 days to your jail sentence if you are guilty of a VC 23572 violation.
Fourth DUI Offense
A fourth DUI conviction results in felony penalties that include:
- Up to three years in prison
- A maximum fine of $1,000
- Completion of an 18-month to 30-month-long DUI education program
- Driver’s license suspension for five years
The judge will add 90 days to your jail sentence if you are guilty of a VC 23572 violation.
Offenses Related to DUI With a Passenger Under 14 Years
Three law violations are related to DUI with a passenger below 14 years of age. They include:
- Further DUI penalties for driving recklessly and above the speed limit, actions in violation of VC 23582
- Enhanced DUI penalties for refusing to submit to a test and for an excessive BAC. These offenses are violations of VC 23578
- Child endangerment, a PC 273a violation
Let us look at each of them in detail.
a) Additional Penalties for Reckless Driving and Excessive Speeding
You only receive the penalties outlined in VC 23852 if the prosecution proves the following allegation as true.
- You drove under the influence of alcohol or drugs
- You drove recklessly while under the influence
- You drove at excessive speeds while under the influence.
Driving at Excessive Speeds
VC 23852 defines excessive speed as:
- 30 mph or more above the maximum or posted speed limit on a freeway, or
- 20 mph or more above the maximum or posted speed limit on a public street
Two key words stand out in the above definition that you should take note of. The maximum speed limit is the prescribed speed that varies for each specific road. California assigns the following speed limits for particular roads.
- 25 mph on a public street or road
- 55 mph on a two-lane highway, and
- 65 mph on any other highway
Note: Specific vehicles have an assigned speed limit that could vary from the above.
On the other hand, posted speed limits refer to the speed limits you see on signs on freeways or roads.
Driving recklessly suggests a willful or wanton disregard for the safety of human life or property. This means that a driver consciously ignored the risk to human life and damage to property, both likely outcomes associated with reckless driving.
It is also important to note that penalties under VC 23852 only apply when a driver is found guilty of both excessive speeding and reckless driving.
Note: A driver cannot be convicted of a VC 23852 violation for acting negligently. VC 2382 requires intentional actions. For example, driving towards oncoming traffic and failing to switch lanes accordingly because you want to see who yields first.
Penalties for Reckless Driving and Excessive Speeding
A guilty verdict for reckless driving and excessive speeding under the influence results in an additional 60 days in jail. Defendants will serve 60 days even if the courts grant probation terms or suspend the execution of the sentence.
Furthermore, the courts will require the defendant to complete a drug/alcohol education and counseling program.
A judge will not waive both penalties unless doing so is in the interest of justice.
b) Enhanced DUI Penalties for Refusing to Submit to a Test and for an Excessive BAC
VC 23578 imposes enhanced penalties in DUI cases for individuals who fail to submit to a DUI test or have excessive blood alcohol levels.
Prosecutors must prove that you:
- Had an excessive blood alcohol level as determined by the breath or blood tests conducted, or
- Reused to submit to a DUI test
Excessive blood alcohol levels for purposes of VC 23578 are 0.15 or higher. The legal limit is 0.08%.
Note: You can refuse to submit to a PAS (Preliminary Alcohol Screening) breath test before an arrest. However, declining a DUI test after an arrest violates VC 23578.
Police officers conduct breath, blood, or urine tests after arresting a driver suspected of a DUI violation. Unknown to many, you implicitly agree to take a chemical test when you get your driver’s license. Thus, the prosecution will point to implied consent laws which state that motorists are deemed to have given their consent for chemical testing to determine the alcoholic content in their blood if lawfully arrested.
Penalties for Refusing to Submit to a Test and for an Excessive BAC
VC 23578 aims to issue steeper penalties. If found guilty, you could receive a six-month driver’s license suspension and be required to attend and complete DUI classes. These classes run for nine months.
The judge could impose steeper fines, additional jail or prison time, community service, extended probation terms, require the installation of an IID, or harsher probation terms.
c) Child Endangerment
Willfully exposing a minor below 18 years of age to unjustifiable danger, suffering, or pain is an offense under PC 273a. Furthermore, you can face PC 273a charges for subjecting a minor to an unreasonable risk of injury even if the child does not suffer physical harm.
Prosecutors must prove the following for you to be found guilty of endangering a child.
- You did one of the following:
- Willfully permitted or caused a minor to suffer unjustifiable physical harm or mental suffering
- Deliberately inflicting unjustifiable mental anguish or bodily harm on a child
- Intentionally caused or permitted a child or his/her health to suffer while the child was in your care or custody
- Willfully allowed or caused the minor’s exposure to situations that endangered the child’s health or person
- You were criminally negligent when you allowed the minor to suffer or be endangered.
- Failing to discipline your child reasonably.
Note: Driving under the influence exposes a child to an unnecessary risk of harm. VC 23572 is specific to minors under 14 years of age. Therefore, if the passenger was over 14 but less than 18 years of age at the time of the offense, prosecutors resort to child endangerment charges.
Child Endangerment Penalties
PC 273a violations are wobbler offenses. Whether to pursue misdemeanor or felony penalties depends on whether the defendant exposed the child to a risk of great bodily harm or death.
Misdemeanor Penalties
You would be charged with a misdemeanor violation if you did not expose the child to a significant risk of bodily harm or death. A conviction is punishable by up to six months in jail and a maximum fine of up to $1,000, or both. You can also serve summary probation terms instead of jail time.
Felony Penalties
If the child was exposed to a risk of great bodily injury or death, prosecutors would charge you with a felony violation. Additionally, prosecutors also look at your criminal history. It follows that priors are likely to inform the choice of felony charges.
Felony violations are punishable by two, four, or six years in prison and a fine of up to $10,000. A judge could also issue you formal probation terms as punishment instead of time in prison.
A defendant’s penalties will be enhanced if a child suffers great bodily harm. He/she will receive an additional three to six years in prison.
Find a Santa Ana Criminal Attorney Near Me
If Santa Ana police officers arrest you for a DUI with a passenger under 14, it is in your best interest to engage an experienced criminal defense attorney. California’s criminal justice system is complex, and you need experienced attorneys to help you navigate. Additionally, their expertise informs their choice of a winning defense strategy in your DUI with a passenger under 14 years of age. Rely on the California Criminal Lawyer Group to fight the charges. Contact our team at 714-844-4151 for a free and confidential case assessment.
