DUI With a Minor
Trusted Fresno DUI Defense Attorney – (559) 484-2112
A DUI charge can have serious penalties, but these consequences can be even more severe if you have a minor in the car at the time of your arrest. If you are charged with a DUI while having an underage passenger, you will not only face DUI penalties, but you may also be charged with misdemeanor child endangerment. Don’t wait to speak to our Fresno DUI lawyer to begin your defense.
DUI Sentencing Enhancement
There are different charges that may be used to enhance a DUI sentence to better reflect the severity of the offense. For intoxicated drivers with a person under the age of 14 in the car, a sentence enhancement they may receive is “DUI with a child.” Sentence enhancements are used to help prosecutors obtain more serious punishments, such as longer time in jail or more significant fines. This sentence enhancement will only be applied if the child is under 14 years of age.
Penalties For a DUI With a Minor
The penalties for a DUI vary, depending on the number of times you have been convicted of a DUI. Repeated convictions can increase the severity of your sentence. Because a DUI with a minor is considered a sentence enhancement, you will be facing regular DUI penalties, as well as an additional penalty for the enhancement.
These additional penalties are:
- First Time: 48 hours in jail
- Second Time: 10 days in jail
- Third Time: 30 days in jail
- Fourth Time: 90 days in jail
In addition to facing enhanced DUI charges, you may also be facing child endangerment charges. This is not a DUI charge and is actually a separate criminal charge. Child endangerment may be charge in any instance where an adult is negligent in their care of a child. Unlike the DUI sentence enhancement, which only is added when children are under 14, a child endangerment charge can be used for any case where the minor is under 18.
The penalties for this charge include:
- 6 months in jail, additional to your DUI sentence
- Up to $1,000 in additional fines
- A minimum of 4 years of probation
During your probation, the judge may also order a protective order for the child in question. If you do not have custody, you may be ordered to refrain from contact with the child. You also are likely to be ordered to abstain from alcohol and drug use during your probation.
When considering a child endangerment charge, the court will examine many factors, including:
- Your intention to cause injury to the child
- Negligent or reckless driving
- Your blood alcohol content (BAC)
Start Your Defense With a Fresno DUI Lawyer – (559) 484-2112
At The Law Office of Brian C. Andritch, we are dedicated to protecting the constitutional rights of our clients and working with them to build a strong, strategic defense. Our Fresno DUI defense attorney is backed by more than 15 years of courtroom experience. Our team is here for you, 24/7.
Contact our offices today to schedule a free consultation. Call (559) 484-2112.