DUI with a Minor in the Vehicle — CaliforniaCalifornia Vehicle Code § 23572
Free Consultation.DUI With a Child Passenger in California
California Vehicle Code § 23572 imposes mandatory sentence enhancements when a person is convicted of DUI and a passenger under the age of 14 was in the vehicle at the time of the offense. This enhancement is added on top of the standard DUI sentence and cannot be suspended or waived by the court.
Mandatory Sentence Enhancements
The additional jail time imposed under VC 23572 depends on your DUI history: for a first DUI, an additional 48 hours in jail; for a second DUI within 10 years, an additional 10 days; for a third DUI, an additional 30 days; and for a fourth or subsequent DUI, an additional 90 days. These enhancements are mandatory and consecutive to the underlying DUI sentence.
Child Endangerment Charges
In addition to the DUI enhancement, prosecutors often file separate child endangerment charges under Penal Code § 273a. Child endangerment is a wobbler offense — it can be charged as a misdemeanor or felony — and carries up to 6 years in state prison in aggravated cases. A felony child endangerment conviction also counts as a strike under California's Three Strikes Law.
Defenses Available
Our attorneys challenge DUI with minor charges on all available grounds including the legality of the traffic stop, the accuracy of chemical tests, and whether the enhancement allegations were properly pled and proven. We also negotiate aggressively with prosecutors to avoid the child endangerment enhancement being filed separately, which significantly increases the total exposure.
Impact on Child Custody
A DUI with a minor passenger can affect child custody proceedings. Family courts take these charges seriously, and a conviction may be used as evidence of poor judgment in custody disputes. Our attorneys work to minimize the criminal consequences while understanding the broader implications for your family situation.
Contact Virtuoso Law
DUI with a minor is one of the most aggressively prosecuted DUI charges in California. Call (833) 666-5245 immediately for a free consultation. Available 24/7.