Los Angeles DUI With Child in the Vehicle

Los Angeles DUI With Child in the Vehicle

Getting arrested for DUI is scary enough, but it’s even worse if you had your child in the car. As a parent, keeping your kids safe is the number one priority. So how could you let this happen? I’m sure you feel ashamed and worried about what’s going to happen next. Don’t beat yourself up too much – the important thing is learning from this mistake so it never happens again.

Let’s walk through what’s going to happen step-by-step so you know what to expect. I’ll also give some tips on how to get the best possible outcome for your case. The good news is that having a child in the car does not automatically mean you’ll lose custody. But it does mean harsher punishments if convicted of DUI. So getting a good lawyer is crucial.

Penalties for DUI With a Child Passenger in California

The penalties for a first-time DUI conviction in California typically include:

• Up to 6 months in jail
• Fines up to $1,000
• Driver’s license suspension up to 10 months
• DUI classes

But when a child under 14 is in the vehicle, the penalties increase to:

• Up to 1 year in jail
• Fines up to $1,000
• Driver’s license suspension up to 1 year
• Child abuse charges

The prosecutor also has the discretion to charge this as a felony DUI. This means up to 3 years in state prison. They will look at factors like your BAC level and driving behavior. So it’s essential you consult an attorney immediately to try and reduce the charges.

Will I Lose Custody of My Child?

Having a DUI with your child in the car can trigger an investigation by Child Protective Services (CPS). But it does not automatically mean you’ll lose custody. CPS will look at all the circumstances to determine if the child is at “substantial risk” of harm.

Factors they’ll consider include:

• Was this your first DUI offense?
• What was your blood alcohol content (BAC)?
• How old was the child?
• Were you engaged in reckless driving?
• Is this part of a pattern of alcohol abuse?
• Do you have a support system to care for your child?

If CPS finds you made a one-time mistake and are committed to sobriety, they likely won’t remove your child. However, they may require alcohol counseling, parenting classes, or random testing. Having an attorney guide you through this process is important.

The Arrest Process

Here’s a quick rundown of what happens after being stopped on suspicion of DUI with kids:

1. The officer will assess the situation for any immediate risks. If another sober adult is present, the officer may release the child to them. Otherwise, the child will be taken into protective custody.
2. You’ll be transported to the police station for chemical testing. This is usually a breathalyzer test to measure your BAC.
3. Once under the legal limit, you may be released unless there are other circumstances requiring detention.
4. The child will be placed with CPS or a responsible relative approved by CPS.
5. Within 48 hours, there will be a detention hearing where the court decides who gets temporary custody.

As you can see, getting released quickly is important to show CPS you’re sober and get your child back. Having a lawyer contact CPS on your behalf also demonstrates you’re taking steps to address the situation.

Getting Your Child Back After a DUI Arrest

Even if CPS or the court grants temporary custody to a relative, you can still get your child back quickly by taking these steps:

• Complete a substance abuse assessment and any recommended treatment programs.
• Attend parenting classes geared toward alcohol abuse issues.
• Fulfill any other requirements set by CPS, such as counseling or testing.
• Have family and friends write letters of support about your parenting.
• Work closely with your DUI attorney to get the charges reduced or dismissed.

By being proactive, you can show CPS you’re committed to making things right and won’t drive under the influence again. Taking accountability goes a long way. But you need an experienced attorney guiding you through the process.

Finding the Right DUI Lawyer

Don’t go through this alone. The stakes are too high. You need a lawyer who knows how to handle DUI cases involving children. Here are some tips for finding the best attorney:

• Look for a lawyer who specializes in DUI defense, not a general practice attorney.
• Make sure they have extensive experience defending child endangerment DUIs.
• Ask about their relationships with local prosecutors and judges to get charges reduced.
• Find someone who is also respected by CPS and understands family law.
• Choose a lawyer who makes you feel supported, not judged.

A skilled DUI attorney will review the arrest details to build the strongest defense. For example, they may argue the traffic stop was unlawful or challenge the chemical BAC test results. The goal is getting charges dismissed entirely or reduced to reckless driving. This avoids a DUI conviction that could cost you custody.

Long-Term Consequences

Even if you avoid jail time and keep your parental rights, a DUI with child endangerment can have lasting effects. Some things to be aware of include:

• Difficulty finding employment, especially in childcare, education, healthcare, etc.
• Potential civil lawsuits by the child or family members
• Higher insurance rates for many years
• Difficulty volunteering at your child’s school
• Social stigma and guilt

That’s why it’s so important to consult an attorney immediately after the arrest. An experienced lawyer’s representation can help mitigate these consequences down the road.

Takeaways

Being arrested for DUI with your child in the car is scary. But with an experienced attorney guiding you, it does not have to mean losing your driving or custody rights. The most important thing is learning from this mistake and taking steps to prove you’re committed to sobriety and responsible parenting. It won’t be easy, but staying positive and proactive gives you the best chance of moving forward.

Some key takeaways are:

• Act quickly to get released and get your child back from CPS.
• Be completely honest and show accountability to CPS.
• Complete all recommended counseling, classes and treatment programs.
• Hire an attorney experienced specifically in child endangerment DUIs.
• Follow your lawyer’s advice to mitigate long-term consequences.

With the right help, you can get through this difficult time while keeping your family together. My advice is to stay strong, learn from mistakes, and let an attorney handle the legal details so you can focus on your child’s wellbeing. I know you can do this – you’re a great parent who just needs some support right now.

Sources:

• My child was in the car when I was arrested for DUI in Los Angeles. Could they be taken away?
• DUI With A Passenger Under 14