Pulled over with a child in the car and charged with a DUI? This is one of the most serious DUI charges you can face in California, and the stakes are not just criminal. They are personal. William Kroger is a Los Angeles criminal defense lawyer with a team of lawyers with more than 75 years of combined experience.
Contact us today at (323) 655-5700 for a free, no-obligation consultation. We serve clients across Los Angeles, including those facing DUI with a minor passenger, standard DUI, drug DUI, and felony DUI charges.
Why You Need a Los Angeles DUI With Child Passenger Lawyer
After an arrest involving a minor passenger, the state moves fast. Law enforcement will file their report. The district attorney’s office will push for maximum penalties. Child Protective Services may also become involved.
A skilled Los Angeles DUI attorney will review every detail of your arrest: the traffic stop, the field sobriety tests, the breathalyzer or blood test results, and how officers handled the minor in the vehicle. We look for weaknesses in the prosecution’s case, challenge improperly obtained evidence, and protect your legal rights from day one.
Acting quickly gives your defense the best possible foundation. Do not wait to get legal help. Call (323) 655-5700 today.
What Is DUI With a Child Passenger? (Under California Law)
A standard DUI charge in California means driving with a blood alcohol content (BAC) of 0.08% or higher, or while impaired by drugs or alcohol. But when a minor under the age of 14 is in the vehicle at the time of your arrest, you face an additional and serious sentence enhancement on top of the base DUI charge.
This enhancement is not a separate crime. It is an add-on penalty under California law that stacks on top of whatever sentence you already face for the DUI itself.
California Vehicle Code Section 23572 VC
California Vehicle Code Section 23572 imposes mandatory additional jail time when a person is convicted of DUI and a passenger under 14 years of age was in the vehicle at the time of the offense. The enhancement applies regardless of whether the minor was harmed. The prosecution only needs to prove:
- You were driving under the influence of alcohol, drugs, or a combination of both, in violation of Vehicle Code sections 23152(a) or 23152(b).
- A minor under 14 was a passenger in the vehicle at the time of the offense.
- You were convicted of that underlying DUI offense.
The enhancement is mandatory once conviction occurs. That means the judge has no discretion to waive it. It does not matter if the child was unhurt or if it was your own child in the car.
The Minor Passenger Enhancement
The most important thing to understand about VC 23572 is that it adds mandatory incarceration to the DUI sentence. The added time cannot be suspended or replaced with probation. It must be served in a county jail. This is in addition to any other jail time the court imposes for the underlying DUI conviction.
Because the enhancement is mandatory upon conviction, the best way to avoid it is to fight the underlying DUI charge itself, challenge the prosecution’s evidence, or negotiate a reduction to a lesser charge before a conviction occurs.
Penalties for DUI With a Child Passenger in California
Criminal Penalties
The mandatory jail enhancement under VC 23572 is added on top of the base DUI penalties. Here is how the additional time breaks down based on your DUI history:
- First DUI offense: 48 hours of additional mandatory county jail time.
- Second DUI offense: 10 days of additional mandatory county jail time.
- Third DUI offense: 30 days of additional mandatory county jail time.
- Fourth or subsequent DUI offense: 90 days of additional mandatory county jail time.
On top of those enhancements, the base penalties for a standard first-offense misdemeanor DUI in California include:
- Up to 6 months in county jail.
- Fines ranging from $390 to $1,000, plus significant penalty assessments that can multiply the total.
- A 6-month driver’s license suspension.
- 3 to 5 years of informal probation.
- DUI school (3, 18, or 30 months depending on the case).
If there are aggravating factors, such as a very high BAC, an accident, or a prior DUI record, the charge could be elevated to a felony with significantly harsher consequences.
Collateral Consequences
The criminal penalties are serious, but the collateral consequences of a conviction can follow you for years. These are the non-criminal consequences that apply simply because you have a conviction on your record:
- Loss of child custody or visitation rights, particularly if family court is already involved.
- Child Protective Services (CPS) investigation and potential involvement.
- Loss of the right to own or possess a firearm (for felony DUI convictions).
- Difficulty finding or keeping employment, especially in fields like transportation, healthcare, or education.
- Professional license suspension or revocation for licensed nurses, teachers, CDL holders, and others.
- Immigration consequences for non-citizens, including potential deportation or bars to adjustment of status.
- Significantly higher auto insurance premiums or cancellation of coverage.
- Permanent criminal record that appears in background checks.
These consequences are exactly why you should fight this charge aggressively rather than simply accept a plea deal.
Defenses Against DUI With Child Passenger Charges
William Kroger will review every aspect of your arrest and build a defense specific to your case. The following defenses may apply depending on the facts:
- No probable cause for the traffic stop: If the officer had no legal reason to pull you over, the stop itself may be challenged and evidence suppressed.
- Inaccurate BAC test results: Breathalyzer machines require proper calibration and maintenance. Blood tests must follow strict chain-of-custody procedures. Errors in either can make the results unreliable.
- Rising blood alcohol: Your BAC may have been under 0.08% while driving but continued rising by the time you were tested.
- Improper administration of field sobriety tests: Officers must follow specific standardized protocols. Deviations can undermine the test’s validity.
- Medical conditions: Certain conditions like GERD, diabetes, or neurological issues can affect both sobriety test performance and breathalyzer readings.
- No minor present in the vehicle: If the prosecution cannot prove beyond a reasonable doubt that a child under 14 was actually in the car, the enhancement may not apply.
- Unlawful arrest procedures: Any violation of your constitutional rights during the stop, arrest, or interrogation may form the basis for suppression of evidence.
False or exaggerated reports are not uncommon in DUI cases. Witness testimony, dashcam footage, and police body camera recordings can all be critical to your defense.
Speak With Our Los Angeles DUI With Child Passenger Attorney Today
When you call William S. Kroger Criminal Defense Attorney at Law, here is what happens: you get a free case review with no obligation, your rights are explained, and our team immediately begins identifying weaknesses in the prosecution’s case.
William Kroger and our defense team have over 75 years of combined experience, have handled more than 5,000 California criminal cases, and have earned recognition from Super Lawyers and the American Institute of Criminal Defense Attorneys. We are based in Beverly Hills and serve clients throughout Los Angeles.
Call us today at (323) 655-5700 to get started.