October 29, 2010

Parents Beware – California's Child Endangerment Law Could Turn Halloween Into a Nightmare

With Halloween approaching, many parents will take their children to costume parties. Many parents will consume alcohol while their kids partake in their party games. After trick-or-treating, these families will drive back home to end their night. But beware…if you drink, have your spouse / significant other drive home. Being stopped for a DUI with children in the car can lead to a California child endangerment sentencing enhancement or worse…California child endangerment charges.

If you are prosecuted for driving under the influence with a California child endangerment sentencing enhancement, you face the relevant DUI penalties plus an additional 48 hours to 180 days in a county jail.

If you are alternatively charged with (and convicted of) California’s child endangerment law, you face a separate misdemeanor offense, punishable by up to one year in a county jail and a maximum $1,000 fine. If convicted of the offense as a felony…which would only occur under severe circumstances…you face up to six years in the California state prison.

So please – don’t underestimate the effects of even having one or two drinks…especially when you’ll be driving with children in the car. Be safe – happy Halloween!