California DUI with Children in the Vehicle/Traffic Accidents

When certain factors exist when a driver is arrested for driving under the influence (DUI) in California, the basic DUI charge is then “enhanced” by such factors.  For instance, having children in the vehicle or being involved in a traffic accident while drinking and driving in California results in enhanced penalties being imposed by the courts.  This means that not only will the driver face the consequences of CA drunk driving, but he or she will also face additional penalties for doing so while children were in the vehicle and/or because he or she was involved in a California DUI with Accident. No matter what the circumstances of your case you should consult with a qualified California DUI Defense Attorney who dedicates their practice to drunk driving defense.

Enhancements can substantially add to the penalties imposed by the courts in CA Drunk Driving convictions.  Drivers who are arrested for a California DUI while children 14 years of age or younger are in the vehicle may face an additional enhanced charge of child endangerment.  The additional penalty for driving drunk with children in the vehicle for first-time offenders is an additional 48 hours in jail.  For second-time CA DUI offenders, the enhanced penalty is an additional 10 days in jail, 30 days additional for third-time DUI offenders, and an additional 90 days in jail for fourth-time offenders.  If the facts are proven that child endangerment was involved at the time a California Drunk Driving offense occurred, then the additional jail time is mandatory. 

Because of the severe consequences of drunk driving with children in the vehicle, such California DUI defendants should consider any plea bargains that the prosecution may offer; since such an offer may result in lesser penalties being imposed if otherwise convicted.  Skilled California DUI attorneys will often attempt to negotiate a plea agreement where DUI defendants receive reduced charges without the enhancement penalty or another sentencing consideration in exchange for their clients pleading guilty.   

Sentencing Enhancement for Traffic Accidents

California Drunk Driving cases that involve traffic accidents, especially when injury to another occurs, are typically felony California DUI cases, rather than misdemeanors.  Involvement in a traffic accident while driving under the influence is an enhancement to the regular CA DUI charge.  If this enhancement factor is proven and if the California DUI charge is a felony, then the DUI defendant faces an additional 90 days to 1 year in jail.  Other severe sentencing enhancements can also be added for a number of other factors, including if death occurs to another person while driving drunk or if there are multiple injured victims.  

Any California DUI case that includes sentencing enhancements has the potential of resulting in some very serious consequences.  Thus, DUI defendants who face sentencing enhancements are wise to consult with an experienced California DUI attorney who will attempt to negotiate a plea bargain, resulting in lesser charges and less severe consequences.  It should be noted that just like the charge of driving under the influence, any enhancements must be proven by the prosecutor.  Skilled California DUI Defense lawyers can devise strategies to help DUI offenders minimize the seriousness of the DUI charge and any enhancements.