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DUI With a Minor in the Car

Aug 25th, 2022 | by Scott C. Thomas, Orange County Criminal Law Attorney

If you are charged with a DUI offense, you need to contact an Orange County DUI attorney immediately. Being charged with a DUI offense in Orange County can cause a major disruption in your life. California laws do not take this offense lightly. Driving under the influence puts both you and other road users in great danger. Anybody who is charged with any driving under the influence offense may be looking at jail time for several years, a fine, or/and a suspension from diving for a particular period. DUI penalties that one may face depend on the circumstances of the case. Being charged with the offense of driving under the influence in Orange County can be devastating, but not nearly as devastating as being charged with a DUI offense with a minor in the vehicle. You should be concerned if you are charged with this particular offense and must contact an experienced Orange County DUI attorney immediately. Scott has successfully defended clients charged with DUI offenses and DUI with a minor in the car.

Orange County, California DUI and Child Endangerment Offense

If you are about to be charged with or have been charged with the offense of DUI with a minor in the vehicle, your best bet is to get in touch with an Orange County criminal defense lawyer immediately. California law considers driving under the influence with a child or children in the car a serious offense. When you drive under the influence alone in the vehicle, you pose a great threat to other drivers and pedestrians. However, when you drive while under the influence and you have a child in the car, you not only pose a great threat to yourself and other road users, but you are also endangering the life of the child. The penalty for DUI with a minor in the vehicle is beyond the normal arrest and DUI charges and you may be facing a separate charge for child endangerment as well. Given the fact that state laws will not be in your favor, you need an Orange County criminal defense lawyer to take up the case and to help get you the best result possible, given the facts of your case.

Section 23572 of the California Vehicle Code (CVC) provides a jail time enhancement for driving under the influence with a child under the age of 14 in the car. Normally, if you are charged with a DUI offense in Orange County, you will face jail time for a period. Section 23572, CVC puts in a mandatory jail time if a child under the age of 14 was in the car when the accused was driving under the influence. That means that if you are charged with DUI with a child in your car in Orange County, you may spend more time in jail without the assistance of competent and experienced counsel.

The penalty you will face will depend on some factors. For a first-time DUI and child endangerment offense, there is a mandatory minimum sentence of at least 48 hours in jail. If you are a second-time offender of this offense, there is a mandatory minimum sentence of at least 10 days in jail. If you are convicted for the third time for a DUI and child endangerment offense, there is a mandatory minimum sentence of at least 30 days. A fourth-time offender will be looking at a compulsory jail time of at least 90 days. If you find yourself in any of these situations, you should immediately contact an Orange County DUI attorney. Other factors that may affect your punishment are your level of intoxication (BAC level), how you were driving, as well as any other circumstances that indicate an increased disregard for the safety of the child. A qualified Orange County DUI attorney can leverage any of these to help you with your case.

Why You Need an Orange County DUI Attorney For Your DUI With a Minor in the Vehicle Charge

You should not take a charge of a DUI with a minor in the car against you lightly as you face severe criminal sanctions, including jail. If you are charged with the offense of DUI with a minor in the car offense, the wise thing to do next is to get in touch with a qualified Orange County DUI attorney to help you. Scott is a qualified and experienced criminal defense attorney who has helped many clients facing DUI and child endangerment charges. Having worked as a prosecutor, Scott knows the prosecutor’s playbook and the best ways to confront their moves. He will carefully evaluate your case and aggressively defend you. Mr. Thomas can take over the management of your case so you can focus on living a life free of stress. Feel free to contact him and discuss your case with him.

Frequently Asked Questions About DUI With a Minor in the Car Offense in Orange County and Their Answers

Q: What if the child in the car while driving under the influence is not my child?

Ans: Whether or not the child in the vehicle is your child is not a relevant consideration; the onlu thing that matters is you drove with any minor in the vehicle while you were DUI.

Q: What is child endangerment?

Ans: The California Penal Code 273(a) provides for child endangerment. A person commits the offense of child endangerment when they intentionally put a child in a harmful situation.

Q: Is jail time compulsory for a DUI while a minor is in the vehicle offense in Orange County?

Ans: Yes, a conviction for DUI with a minor in the vehicle carries with it mandatory jail time .. The length of time you you serve depends on several factors which is why you must hire a qualified Orange County criminal defense attorney to handle your case.

Scott C. Thomas

Law Office of Scott C. Thomas
(949) 945-2085


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Scott C. Thomas, Esq.

If your livelihood and freedom are at stake, you deserve representation from an experienced Orange County criminal defense attorney and former prosecutor who understands the local courts.

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