Penalties For DUIs With Minors In The Car

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During the holiday season there are many family friendly parties. That isn’t to say that these parties don’t have adult beverages. Be careful driving home with your family after one of those parties. The state of California applies enhanced penalties for DUIs with a minor under the age of 14 in the car.

First let’s look at the text of the law:

23572. (a) If any person is convicted of a violation of Section 23152 and a minor under 14 years of age was a passenger in the vehicle at the time of the offense, the court shall impose the following penalties in addition to any other penalty prescribed:

  1. If the person is convicted of a violation of Section 23152 punishable under Section 23536, the punishment shall be enhanced by an imprisonment of 48 continuous hours in the county jail, whether or not probation is granted, no part of which shall be stayed.
  2. If a person is convicted of a violation of Section 23152 punishable under Section 23540, the punishment shall be enhanced by an imprisonment of 10 days in the county jail, whether or not probation is granted, no part of which may be stayed.
  3. If a person is convicted of a violation of Section 23152 punishable under Section 23546, the punishment shall be enhanced by an imprisonment of 30 days in the county jail, whether or not probation is granted, no part of which may be stayed.
  4. 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.

–Source: CA DMV website

Let’s make that a bit easier to read. Any of the following get extra penalties if a kid is in the car during the violation:

  1. A first drunk driving conviction – two days in jail.
  2. Reckless driving while drunk – 10 days in jail.
  3. A third offense of reckless driving while drunk within ten years – 30 days in jail.
  4. A fourth offense of reckless driving while drunk within ten years – 90 days in jail.

Of course, the regular penalties still apply. Having a kid in the car just makes things worse. This doesn’t include other charges like child endangerment that could be tacked on depending on the circumstances.

If you plan on drinking any alcohol, don’t drive. You can read from my other posts how inaccurate breath tests or poor policework can result in jail time. But if you are arrested for a DUI, always remember to call us for help. We’re the DUI experts and we’re here help.