DUI with a Minor Passenger under 14
Vehicle Code - § 23572
What counts as a violation of Vehicle Code § 23572?
Vehicle Code § 23572(a) increases the penalties for a DUI under Vehicle Code § 23152 if a minor under 14 years of age was a passenger in the vehicle at the time of the offense.
Under Vehicle Code § 23572(b), the prosecution still must prove that the driver of the vehicle was under the influence of alcohol while driving the vehicle with the minor passenger.
What are the defenses to a violation of Vehicle Code § 23572?
The penalty enhancement under Vehicle Code § 23572 depends on whether the defendant has been convicted of more than one prior DUI.
If the person is convicted of a first time DUI under Vehicle Code § 23152 and punished under Vehicle Code § 23536, that punishment will be enhanced by 48 hours in county jail, whether or not probation is granted.
If a person is convicted of a second DUI under Vehicle Code § 23152 within ten years of a DUI violation under Vehicle Code § 23152 punishable under Vehicle Code § 23540, the punishment will be enhanced by 10 days in county jail, whether or not probation is granted.
If a person is convicted of a third DUI under Vehicle Code § 23152 punishable under Vehicle Code § 23546, the punishment will be enhanced by 30 days in county jail, whether or not probation is granted.
If a person is convicted of a violation of Section 23152 which is punished as a misdemeanor under Section 23550, the punishment shall be enhanced by an imprisonment of 90 days in the county jail, whether or not probation is granted, no part of which may be stayed.
No punishment enhancement shall be imposed pursuant to this section if the person is also convicted of a violation of Section 273a of the Penal Code arising out of the same facts and incident.
What are the defenses to a violation of Vehicle Code § 23572?
- You were not convicted of a DUI
- Necessity
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