DUI Blogger

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.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Child Endangerment , DUI , DUI Consequences , DUI Legislation

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Yesterday’s Oprah show addressed mothers and drunk driving. Her show was most likely prompted by the recent tragedy involving Carmen Huertas who was allegedly driving with a 0.13% BAC when she lost control of her car, killing one of seven children who were passengers inside.

We coincidentally blogged that story on Monday (Mom Charged with Vehicular Manslaughter) and ended the article by stating that lobbyists would surely use it in their arsenal to pursue tougher DUI legislation.

Oprah’s show only increases that possibility.

Oprah’s guests included one of the girls who was thrown from Huertas’s car as well as the father of the child who was killed in the accident. She also used her national platform to call attention to some other recent heartbreaking accounts of mothers who drove drunk with children in the car…something she seems to believe is a more common phenomenon that we realize.

These events, coupled with the media’s attention to this issue, will undoubtedly prompt MADD and other anti-drinking groups to push for harsher DUI penalties.

Current California law holds that if you drive under the influence of alcohol and/or drugs with a child in the car, you will be charged with DUI and either Penal Code 273a child endangerment or an enhanced DUI sentence.

Continue reading "Oprah Addresses Mothers Who Have Been Accused of DUI" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Child Endangerment , DUI , DUI Accidents , DUI Consequences , News & Information

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Last Thursday in New York, 41 year-old Melonie Lender, a middle school assistant principal, was arrested for DUI. Not only was it 6:40 in the morning, but she was on her way to work and had her 10-month old son in the backseat. In addition, Lender reportedly has two prior alcohol-related driving convictions.

In California, if you are caught driving under the influence and have a child under the age of 14 in your car, you will likely be charged with Penal Code 273 (a) child endangerment in addition to the underlying DUI.

Depending on the circumstances surrounding your California DUI arrest, such as your driving pattern, whether you were involved in an accident, your blood alcohol concentration (BAC), and your prior criminal history, you may face up to one year in the county jail or up to six years in the California State Prison…and you could also potentially lose custody of your child(ren). Keep in mind these are just the penalties for the child endangerment charge. In addition to these penalties, you still face sentencing for your DUI.

Lender, like so many others, has an alcohol addiction, or at least an alcohol problem, which is revealed by her actions. If any of her conduct sounds all too familiar…or like the life of someone you care about…know that help is available.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Child Endangerment , DUI , DUI Accidents , DUI Consequences , DUI Legislation

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