Driving under the influence is a serious charge on its own, but when a child is in the car, the stakes are even higher. Prosecutors and judges treat these cases harshly, often adding charges or sentencing enhancements that can lead to jail time, child protective services involvement, and long-term consequences for your family and your record.
At The Law Offices of Johnson & Johnson, we help individuals throughout Walnut Creek, Contra Costa County, and the Bay Area who are facing complex DUI charges, including those involving child endangerment.
If you’ve been arrested for DUI with a minor in the car, we will provide an aggressive defense, working to protect your rights, freedom, and future. Contact us now to consult with an experienced DUI defense attorney.
What Is DUI with Child Endangerment?
Under California law, driving under the influence while transporting a child under the age of 14 may lead to more than just a standard DUI charge. In many cases, it may result in either:
- A sentencing enhancement under Vehicle Code § 23572, or
- A separate criminal charge for child endangerment under Penal Code § 273a
These laws are designed to penalize not just impaired driving, but impaired driving that puts a minor at risk. It doesn’t matter if the child wasn’t hurt or if you’ve never been in trouble before. If you’re convicted of DUI with a child passenger, the consequences can escalate quickly.
Penalties and Consequences
If you’re convicted of DUI with a child under 14 in the vehicle, the court is required to impose additional penalties. The specific punishment depends on the number of prior DUI offenses on your record:
- First offense: 48 hours of mandatory jail time
- Second offense: 10 days
- Third offense: 30 days
- Fourth or more: 90 days
These enhancements are mandatory—the court cannot stay or dismiss them as part of a plea deal.
As mentioned above, prosecutors may also file separate child endangerment charges in more serious cases under Penal Code § 273a. This charge can be a misdemeanor or a felony, depending on whether the child was placed at risk of significant bodily harm or death. A felony conviction can result in:
- Up to 6 years in state prison
- A strike on your record under California’s Three Strikes law
- Loss of child custody or parental rights in extreme cases
You may also be referred to Child Protective Services (CPS), triggering a separate investigation that could impact your custody or visitation rights, even if you are acquitted.
The Collateral Consequences
DUI with child endangerment carries more than just legal penalties. A conviction can affect nearly every aspect of your life:
- Family court proceedings: Allegations of endangerment may be used against you in custody disputes or divorce cases.
- Professional licenses: Teachers, nurses, real estate agents, and others may face disciplinary action or license suspension.
- Immigration status: If you’re not a U.S. citizen, criminal convictions, especially felonies, can result in deportation or denial of future immigration benefits.
- Employment and reputation: Background checks and public records can make it more challenging to find or retain a job.
These cases can change lives—and not for the better—unless they’re handled correctly from the start.
How We Defend DUI and Child Endangerment Charges
Not every DUI with a child in the car leads to a conviction. At The Law Offices of Johnson & Johnson, we evaluate every angle of your case to build a defense tailored to your situation. Some of the strategies we may use include:
- Challenging the legality of the traffic stop
- Questioning the accuracy of field sobriety tests or breathalyzer results
- Arguing a lack of actual impairment (especially in prescription drug cases)
- Demonstrating that the child was not at risk, which can help avoid a child endangerment conviction
- Negotiating alternative sentencing, such as DUI classes or treatment programs, instead of jail time
We take these cases seriously because we understand what’s on the line—not just your freedom, but your role as a parent or caregiver.
Why Work With The Law Offices of Johnson & Johnson?
Our firm has more than 30 years of experience defending DUI cases, including those involving sentencing enhancements and child-related allegations. We know how Bay Area prosecutors build these cases, and we know how to push back.
When you work with us, you’re not just another case file. You’ll speak directly with an attorney who understands your concerns and works with you to find the best path forward. Whether we’re filing motions to suppress evidence, advocating in court, or working behind the scenes to reduce the impact of the charges, we’re fully committed to your defense.
Walnut Creek DUI Defense Attorneys
If you’ve been charged with DUI while transporting a child, the consequences can be severe, but you don’t have to face them alone. At The Law Offices of Johnson & Johnson, we offer compassionate, aggressive defense for clients throughout Walnut Creek and the Bay Area. Contact us today to schedule a complimentary and confidential consultation.
The Law Office of Johnson & Johnson is based in Walnut Creek and proudly serves clients throughout the Bay Area. We represent individuals across Contra Costa County, Alameda County, Napa County, Solano County, Santa Clara County, San Joaquin County, Sonoma County, and San Francisco. Our service areas include cities such as Concord, Martinez, Lafayette, Pleasant Hill, San Ramon, Richmond, Antioch, Pittsburg, Clayton, San Pablo, Oakland, Hayward, Brentwood, and Stockton.