The Connection between a California DUI and Child Endangerment Charges
Although it may not seem like a DUI has much in common with a child endangerment charge, the two are actually very closely related under California law. This is because any individual who is arrested for DUI (and who has a child under the age of 14 in his/her car at the time) is subject to a penalty enhancement. Depending on the circumstances, this enhancement could add between 48 hours to 90 days of additional jail time to the DUI sentence.
If the circumstances surrounding the DUI were particularly egregious, prosecutors could charge the defendant with a DUI and Penal Code 273a, California’s child endangerment law.
Penal Code 273a, California’s child endangerment law prohibits placing a child in a potentially dangerous situation. California courts have ruled that this includes placing a child in a car with an intoxicated driver. A child endangerment charge subjects an offender to up to six years in the California state prison.
The best way to avoid these severe penalties is to fight the underlying DUI charge. If you aren’t convicted of DUI, there is no criminal act to support the California child endangerment allegation.
