(951) 667-5293

Orange County:

(714) 758-5293

who you hire can make all the difference

Mr. Donath has spent his entire career defending people and standing up for the rights of the accused.

request a free consultation
  • former deputy public defender

    As a former Deputy Public Defender in Riverside County, Mr. Donath has always been on the defense side of the law. 

  • award winning certified criminal law specialist

    Top 100 Trial Attorneys in California 2012-2014, 2008 Trial Attorney of the Year by the Riverside County Public Defender's Office, and dozens of other awards and accolades.

  • a true passion for defending the accused

    Your lawyer should have a passion for defense, not just a passion for money. Reputation, vigor, and determination go a long way in this business.

Request Consultation

request a free confidential consultation

*all fields are required
  • This field is for validation purposes and should be left unchanged.

What Happens if you Get a DUI With a Child in the Car?

Posted in Drunk Driving,DUI on February 19, 2022

Facing drunk driving charges can be challenging. But if you have been accused of driving under the influence with a child in the car, the charges against you are far more severe than you might have thought. In 2022 there were 6,385 motor vehicle crashes nationwide that involved driving under the influence of alcohol, drugs or medication. Because of that DUIs are taken very seriously in California. And when you have been accused of putting a minor child at risk, you can expect harsh penalties.

Take steps to protect your future by presenting a strong legal defense. Reach out to a reputable DUI lawyer at the Law Offices of Graham D. Donath for a confidential consultation.

California Laws Against DUIs Involving Children

Under California Penal Code 273a, you can face child endangerment charges if you allow a child to suffer unnecessarily, put a child in a situation where their health or safety is at risk, or have inflicted unjustifiable mental or physical pain or suffering on a minor.

If you have been accused of a DUI with a child in the car, you can expect to face child endangerment charges in addition to the initial DUI charge. The consequences for a conviction could have a devastating impact on not only your life, but your child’s life as well.

Penalties for a DUI With a Child In the Car

The consequences for a drunk driving conviction and the child endangerment charges that you may face are severe. To start, you will face the DUI charges against you. If you are convicted, some of the penalties you could face include:

  • Installation of an ignition interlock device (IID)
  • A minimum six months suspension of your driver’s license
  • As much as six months in jail
  • Between three and five years of informal misdemeanor probation
  • Completion of DUI school
  • Finds of as much as $2,000

However, under California Vehicle Code 23572 VC, there are enhanced penalties that you will face for driving under the influence with a minor under the age of fourteen. 

If this was your first time being charged with a DUI, this will include a mandatory forty-eight hours of jail time. If you are a second, third, fourth, or habitual DUI offender, the mandatory jail time can be increased to as much as ninety days.

There are also many collateral consequences you may deal with if you are found guilty of a DUI involving a child. You could face the revocation of your professional licenses, deal with the fallout of your reputation being destroyed, and deal with child custody issues, to name a few.

How to Defend Your DUI Case 

Since the consequences of a DUI involving a minor child can be so harsh, you must take steps to clear your name of the charges against you. There are many different ways that you can go about defending yourself when you have been accused of a DUI involving a child. Some of the more common types of defenses used in cases like yours include:

  • Illegal search and seizure
  • Mistake of fact
  • Inadequate or improper field sobriety tests
  • Inadequate or improper chemical alcohol test
  • Faulty test results
  • Inaccurate administration of field sobriety and or chemical tests
  • Lack of a minor in the vehicle 
  • Necessity or coercion

These are only a few of the defenses that could help you obtain an acquittal. A careful examination of the evidence and details of your case will reveal which defense strategy is most likely to produce a favorable outcome in your case.

Get Help From a DUI Lawyer in California 

The consequences of being found guilty of drunk driving with a child involved could destroy your life. The best thing you can do for your case is to present a powerful defense strategy. Meet with an experienced California DUI lawyer at the Law Offices of Graham D. Donath to retain the legal help you need.

Schedule your confidential case review when you contact our Orange County office at 714-758-5293 or our Riverside office at 951-667-5293. Or, fill out our secured contact form and we will reach out to you to find out more about the criminal charges against you.