DUI with Child Endangerment

Understanding California DUI Charges

A 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.

If you are facing DUI with child endangerment charges, contact a San Diego DUI lawyer at Mark R. De Yoe, APLC today!

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.

Schedule a free case consultation to discuss your case with a lawyer today!

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.