Imagine getting pulled over after having a few drinks, thinking you were okay to drive. Now, picture an officer noticing a child in the back seat.
All of a sudden, your DUI charge turns into something much worse—DUI child endangerment. The penalties? Harsher than you ever expected for a DUI with a child in the vehicle. Jail time, a criminal record, and even the possibility of losing custody of your child.
California takes all DUI offenses seriously, but when a minor is involved, the consequences skyrocket. Prosecutors may push for the harshest penalties possible, even if you never had any intention to put your child at risk.
But here’s the truth: an arrest does not mean a conviction. There are legal defenses when you face child endangerment charges, but you have no time to waste in this situation. The sooner you understand what you’re up against, the better your chances of avoiding the worst-case scenario.
At Gressley & Donaldson, we take a detail-oriented and case-specific approach to DUI defense in Southern California. We completely understand your worries and concerns.
At this point, you probably have lots of questions going around your head: “What happens now?” “Will I go to jail for DUI child endangerment?”
Breathe… Don’t make any assumptions just yet. If you truly want to protect your future from a conviction, it may be worth talking to an attorney. Book your free consultation with our attorney by calling (951) 319-3199 or sending us a message online.
Understanding DUI Child Endangerment
Under California Vehicle Code 23572, if you are caught driving under the influence with a child under 14 years old, prosecutors can add extra penalties to your DUI charge. But that’s just one problem. The other one is that the government can also charge you under California Penal Code 273a, which covers child endangerment. And that’s a much more serious offense.
“But I didn’t actually endanger my child, so why is this such a big deal?” you may be thinking.
Here’s why this is a big deal: child endangerment laws don’t require actual harm to the child. You could be charged just because prosecutors believe your actions could have put the child in danger. Even if you were driving carefully, the fact that you were drunk driving is enough for them to build a case.
Penalties for DUI with Child Endangerment
A DUI alone comes with serious consequences. But when a child passenger is in the car, the penalties under DUI laws become even harsher. Prosecutors see it as more than just bad judgment. They see it as reckless endangerment of a child’s life.
So, what happens if you’re convicted?
First and foremost, California law automatically adds extra jail time if you’re convicted of DUI with a child under 14 years old in the vehicle:
- First DUI offense – At least 48 hours in jail.
- Second DUI offense – Minimum of 10 days behind bars.
- Third DUI offense – At least 30 days in jail.
- Fourth DUI offense – A minimum of 90 days locked up.
And that’s on top of the regular DUI penalties like license suspension, heavy fines, and mandatory DUI classes. But, as mentioned earlier, the DUI with a child in the vehicle offense is the least of your concerns right now.
If the prosecutor wants to go after you, they can also charge you with child endangerment under Penal Code 273a. This is where things get scary. That’s because:
- If they claim you put a minor passenger at risk but without willful intent, it’s a misdemeanor. You could face up to a year in jail.
- If they argue your actions showed gross negligence, it’s a felony conviction. That means up to six years in state prison.
And if your BAC (blood alcohol concentration) was high or if you were driving recklessly, prosecutors might push even harder for maximum punishment.
Defending Against DUI Child Endangerment Charges
Instead of asking yourself, “Will I go to jail for DUI child endangerment?” You should ask, “How do I defend against this charge?”
The good news is that an arrest doesn’t mean a conviction. With the right defense, you could still fight DUI child endangerment charges and protect your future. Here are some of your defense options:
1. Challenging the Traffic Stop
Police must have probable cause to pull you over. The Fourth Amendment of the U.S. Constitution forms the basis of the “probable cause” concept. If officers didn’t have probable cause, your entire case could fall apart.
2. Questioning the Breathalyzer or Blood Test
Breathalyzers aren’t always accurate. They can malfunction or be improperly calibrated. Blood tests? Those can be mishandled too. If the results were flawed, your attorney can challenge the BAC evidence and weaken the prosecution’s case.
3. Proving You Weren’t Impaired
Just because an officer says you were driving under the influence doesn’t mean you actually were impaired. Maybe you were tired, sick, or had taken legal medication that mimicked signs of intoxication. An experienced attorney can argue that your behavior was misinterpreted.
4. Arguing That the Child Was Not in Danger
A key part of a child endangerment charge is proving the child was actually at risk. If you were driving carefully and responsibly, your lawyer can argue that there was no actual danger to the child. This could lead to a reduced charge or even a dismissal.
5. Challenging a Child Endangerment Charge (Penal Code 273a)
If you’re also facing a child endangerment charge, the prosecution must prove you acted with criminal negligence. But what if you didn’t? Your attorney can fight to have the felony charge reduced to a misdemeanor or dismissed altogether.
6. Negotiating a Plea Deal
If a dismissal isn’t possible, your lawyer may negotiate a plea bargain. Plea bargaining could mean avoiding mandatory jail time, reducing severe penalties, and keeping a felony off your record.
Child Protective Services (CPS) Involvement & DUI Offenses
Losing custody as a result of DUI child endangerment in California? Yes, unfortunately, that’s possible.
The court doesn’t just see this as a DUI. They see it as potential child neglect. This means Child Protective Services (CPS) could get involved, and your parental rights could be at risk.
You see, the police don’t just report DUIs—they also notify CPS if a child was in the car. Once CPS gets the report, they may:
- Show up at your home for an unexpected visit
- Interview your child, other family members, and even teachers
- Look into your background for past issues like drug or alcohol abuse
Why? CPS wants to know if this was a one-time mistake or part of a pattern to make sure the child isn’t in danger. But can CPS take your child away? Yes, they can, but that doesn’t mean they will.
If they believe your child is at serious risk, they could remove them from your custody and place them with a relative or in foster care. But CPS isn’t always right, and you have the right to fight back with the help of a criminal defense attorney.
Finding a Qualified DUI Lawyer
At Gressley & Donaldson, we understand what’s at stake when facing DUI child endangerment charges—your freedom, your future, and your family. We know how harsh California courts can be when handling these cases, so we will fight aggressively to protect your rights.
Right now, time is not on your side. The sooner you hire a lawyer, the better your chances of avoiding a jail sentence, beating or reducing the charges, keeping your driver’s license, and protecting your parental rights.
At Gressley & Donaldson, we fight for our clients like we would for our own families. Reach out today to schedule a free case evaluation and discuss how we can help you. Call us at (951) 319-3199 or fill out our contact us form to get started.