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California Vehicle Code 23572 | DUI with a Minor in the Car

Posted in California Law,DUI on June 13, 2024

If you are charged with violating California Vehicle Code 23572 DUI with a Minor in the Car, the penalties can be significant. It is essential that you work with an experienced criminal defense lawyer who can defend you against severe penalties and a criminal conviction that can affect you for years to come.

What Is California Vehicle Code 23572?

California Vehicle Code 23572 is not an additional law that prohibits a particular act. Instead, it provides for increased penalties if you drive under the influence while a child under the age of 14 is in the car. This is an enhancement to any penalty you receive as a result of a DUI conviction.

Penalties for California Vehicle Code 23572 – DUI with a Minor in the Car

The additional penalties that a judge can impose on top of any DUI penalties you receive can include the following, based on your prior history:

  • First-time DUI conviction – 48 hours in jail
  • Second DUI conviction – 10 days in jail
  • Third DUI conviction – 30 days in jail
  • Fourth DUI conviction – 90 days in jail

The DUI penalties that you can face for a first-time DUI conviction include the following:

  • Up to six months in jail
  • DUI school
  • Fines up to $2,000
  • Six months driver’s license suspension
  • Installation of an ignition interlock device
  • Three to five years of informal misdemeanor probation

It is also possible that you could be charged with other crimes if you are driving with a minor while intoxicated, such as child endangerment.

Potential Defenses to DUI with a Minor in the Car 

If you are facing DUI with a Minor in the Car charges, Graham Donath can evaluate your case and determine defenses to raise. For example, the child in the vehicle may have been 14 or older, and police just assumed they were younger. You could also attack the underlying charge of DUI. Testing errors may have occurred that resulted in inaccurate results, or the prosecution may fail to show beyond a reasonable doubt that you were impaired by drugs or alcohol at the time of your arrest. An experienced criminal defense lawyer can analyze your case to determine if police had reasonable suspicion to stop you in the first place or attack the stop as an unconstitutional infringement of your freedom.

A Riverside criminal defense attorney can also try to plead your case down. For example, if your lawyer can plead your case down to wet reckless, the sentence enhancement will go away because it only applies to DUI convictions. 

Are You Facing DUI with a Minor in the Car Charges? Contact Us for Help

If you are facing DUI charges and looking at a potential sentence enhancement under California Vehicle Code 23572 for DUI with a Minor in the Car, it is critical that you reach out to an experienced Riverside DUI defense lawyer to avoid mandatory incarceration time. You can contact Graham Donath online or by calling our Riverside office at (951) 667-5293. We can discuss your case during a free and confidential consultation.