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Beverly Hills DUI With Child In The Vehicle
|Last Updated on: 25th September 2023, 05:45 pm
Beverly Hills DUI with a Child Passenger – Consequences and Defenses
Getting arrested for driving under the influence is scary enough, but when you have your child riding along, it becomes an absolute nightmare. DUI charges in California are always serious, but with a minor under 14 years old in the vehicle, you can face felony charges and severe punishments. This article will break down the specific laws, penalties, and potential defenses for a Beverly Hills DUI with child endangerment.
California’s DUI Laws and Penalties
In California, driving with a blood alcohol content (BAC) of 0.08% or higher is illegal. For drivers under 21, any detectable amount of alcohol in their system can lead to a DUI. A first offense DUI is typically charged as a misdemeanor, with penalties including[1]:
- Up to 6 months in county jail
- Fines up to $1000
- Driver’s license suspension up to 10 months
- 3-9 months of DUI classes
However, when there is a minor under 14 years old riding as a passenger, the DUI automatically becomes a felony charge[2]. The potential penalties skyrocket, including:
- 16 months – 3 years in state prison
- Fines up to $10,000
- Driver’s license suspension up to 10 years
In addition to the DUI charges, you will also face child endangerment charges under California Penal Code 273a. This can mean an additional 6 months to 10 years in prison, plus further fines. As you can see, a DUI with child endangerment can completely devastate your life if convicted.
Beverly Hills DUI Defense Strategies
When facing these types of allegations, your best chance is having an experienced DUI lawyer defend your rights. Here are some defenses they may use:
Challenge Probable Cause
The first step is examining how and why you were pulled over in the first place. The officer needs sufficient “probable cause” that you were breaking the law, such as swerving, speeding, or failing to stop. If the reason for the traffic stop was unjustified, your attorney can file a motion to suppress evidence and dismiss the charges.
Question Field Sobriety Tests
Field sobriety tests like the walk and turn and one-leg stand are notoriously unreliable. An officer’s subjective judgment can lead to false arrests. Your lawyer may argue the tests were improperly administered or that you passed them successfully.
Dispute Breathalyzer Results
Breathalyzers are also prone to errors. Your attorney can challenge the maintenance and calibration records, ensuring the machine was in proper working order. They may also argue your medical conditions like acid reflux caused a falsely high reading.
Prove No Actual Impairment
Even with a BAC over the limit, the prosecution must still prove your ability to drive was actually impaired. Your lawyer can present evidence of your normal coordination and driving abilities to show you were not dangerously inebriated.
An experienced DUI lawyer understands all the intricacies of these cases – especially with child endangerment concerns. Do not try to handle this alone. The penalties are simply too great.
Avoiding DUI Arrests with Children
The best way to avoid these frightening scenarios is to never, ever drive after drinking alcohol with your child in the car. It doesn’t matter if you only had one drink or feel totally fine to drive – exercising poor judgment and risking your child’s safety can ruin both your lives.
If you plan to drink, make alternate arrangements for your kids. Leave them at home with a sober caregiver. Take a taxi or rideshare to and from the bar. Ask a friend or family member to drive your car home. There are always better options than getting behind the wheel impaired with your most precious cargo.
Likewise, remind your teen drivers of the severe consequences of driving drunk with friends. Set clear rules against underage drinking and emphasize calling you for help, no questions asked. Lead by example and do not drive even slightly intoxicated with them in your car.
Takeaways on Beverly Hills DUIs with Child Passengers
- DUI charges escalate to felonies with a minor under 14 years old in the vehicle
- You face over 3 years in state prison if convicted
- Additional child endangerment charges can be filed
- Skilled DUI lawyers can challenge the arrest’s validity and evidence
- Never drive after drinking alcohol with children in your car
- Arrange alternate transportation if you plan to drink
DUI allegations involving child passengers are deeply concerning. But experienced legal counsel can help protect your rights and freedom. Most importantly – be safe and responsible when combining driving with alcohol consumption.
References
[1] California DUI Laws, Penalties & Fines | DUI Defense Attorney [2] DUI with a Child Passenger: What are the Penalties?California DUI With A Child In The Car | Child Endangerment
DUI Defenses that Work | Los Angeles DUI Attorney
Field Sobriety Tests: What are they and can I refuse?
DUI Breath Test Defenses that Work
Do I have to be drunk to be convicted of DUI?