DUI with Child Endangerment
Understanding California DUI Charges
DUI charge is a serious enough crime on its own, and the circumstances involved
in the DUI influence the type of sentencing and punishment you may find
yourself facing. There are many circumstances that can result in enhanced
DUI charges that can lead to even stricter
DUI penalties and
DUI sentencing. For example, a
DUI with an accident will have a much more severe consequence than a
first time DUI offense with no accident. Another serious enhancement that can cause a
DUI to be punished much more severely is a DUI with child in the car.
Under California's Misdemeanor and Felony Child Endangerment Laws,
it is illegal to put children in a situation that can cause them physical
or mental harm. Driving with a
BAC over the legal limit of .08 can be considered child endangerment, especially
if the child is under the age of 14. If it is
felony child endangerment, a conviction can cost you up to 6 years in state prison.
What happens if a child is in my car during a DUI arrest?
When a child is in the car when you have been stopped for driving under
the influence, law enforcement will attack these allegations especially
harsh. Their only concern is whether you were driving under the influence
and that a child was in the car at the time. This is important. If you
have not been convicted of driving under the influence to begin with,
then you cannot also be charged with DUI with child endangerment.
The additional penalties for DUI when a child is involved is:
First conviction: 48 hours in county jail
Second conviction: 10 days in jail
Third conviction: 30 days in jail
Fourth conviction: 90 days in jail
In both felony and
misdemeanor cases, if the court decides that you have put your own child in danger,
you can be facing all the usual DUI punishments-probation, community service,
mandatory rehab, vehicle impoundment, driver's license suspension, monetary fines, and jail time, along with the real risk of losing custody
of your children.
The court may consider this a separate charge of child endangerment, threatening
your parental rights to your child.
In these cases, it is essential that you hire an experienced DUI defense
attorney to help you fight for your parental rights, and retain custody
of your beloved children. With over 30 years of experience fighting against
DUI accusations in San Diego, Attorney Mark R. De Yoe has your back.
DUI Lawyer Handling Child Endangerment Cases in San Diego
If you are facing a DUI charge in association with either felony or misdemeanor
child endangerment, you need to contact Attorney Mark R. De Yoe as soon
as possible to get started on your defense. Mr. De Yoe has over 28 years
of experience handling DUI cases in San Diego and has helped many families
who have found themselves in this situation.
With the aggressive legal defense capabilities you are looking for, he
can fight for your innocence in courtroom litigation and help you and
your family return to your normal live after such a traumatic event.
Contact our San Diego DUI attorney today if you have been
arrested for DUI with child endangerment.
Fighting your charges may be the best way to protect your family.