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Santa Cruz, CA DUI attorney child endangerment

Driving under the influence of drugs or alcohol is illegal and can result in serious consequences. However, having a passenger in the car under the age of 14 will increase the severity of the punishment. The laws of the state of California are meant to keep everyone safe, and violating these laws by committing DUI with a child in the car can be considered child endangerment.

California Laws and Child Endangerment

According to California Vehicle Code 25372, a person who drives while under the influence of alcohol or drugs with a child under 14 years old in the car is subject to increased punishment. While a first-time DUI is usually considered a misdemeanor, this is considered a very serious misdemeanor – not only in court, but with Child Protective Services. Child Protective Services may be called to the scene of arrest, and they have the ability to take your child/children into their protective custody as you go off into police custody. There is follow up with CPS to make sure the children are in an acceptable home, and they will likely notify you that they are seeking to place you on a list of child abusers (Child Abuse Central Index). They will also inform you of your right to fight that designation.

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Santa Cruz criminal defense lawyer

Although medical marijuana has been legal in California since 1996, it has only recently become legal for recreational use. In 2016, California legalized the adult use of marijuana, joining several other states, including Oregon, Washington, and Colorado. This was done through Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act. However, while marijuana has been legalized, it is important for California residents to understand what is and is not legal, as well as the potential consequences that may come with being charged with DUI while under the influence of marijuana.

Marijuana Laws in California

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Santa Cruz DUI defense attorney traffic stop arrestUnless it occurs at a sobriety checkpoint, a DUI traffic stop is often an unexpected incident for a driver. Getting pulled over can cause anxiety for anyone, but being pulled over for driving under the influence can lead to criminal charges, steep fines, and the loss of driving privileges. For many drivers, an arrest for driving under the influence is the first time they are in trouble with the law, aside from minor traffic tickets or parking violations. When you are pulled on suspicion of driving under the influence of drugs or alcohol, is important to be prepared for what will happen. 

The Process Followed in a Traffic Stop

When a police officer pulls a driver over, they must have reasonable cause to do so. This means that there must be a reasonable suspicion that a law is being broken. Reasonable causes for pulling over a driver include erratic driving or other traffic violations, such as speeding or running a red light. A traffic stop for a minor violation, such as a missing tail light, could lead to a DUI arrest if the officer suspects the driver is impaired due to drugs or alcohol. 

When asking for a driver’s license and registration, an officer will also take note of their speech and actions. If the officer suspects impairment, they may ask the driver if he or she has been drinking. While cooperation with police is often recommended, these questions are voluntary, and the driver has the right to decline to answer any questions. 

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Santa Cruz first time DUI defense lawyerAnyone can be pulled over while driving, and if you are DUI of drugs or alcohol, a routine traffic stop can lead to an arrest. A DUI arrest can be a scary experience, and you may not know what to expect. However, understanding what will happen if you are pulled over and arrested for a first-time DUI will make the experience easier to handle. 

Even if you feel under control behind the wheel, if your blood alcohol content (BAC) is higher than .08% this is considered drunk driving, and you can be arrested on DUI charges. In many cases, a driver will be pulled over for a different reason, such as having a tail light out or speeding. If the police officer who pulls you over has reasonable cause to believe you are under the influence, they can ask you to take Field Sobriety Tests. These tests consist of being asked to get out of your car and performing tasks meant to assess your cognitive functions and ability to operate your vehicle safely, such as reciting the alphabet or walking in a straight line (whether these tests accurately assess alcohol influence is another subject altogether). You may also be asked to take a Preliminary Alcohol Screening, which is also known as a breathalyzer test. This test will measure your BAC, and it often determines whether an arrest can be made.  

If you fail (or as the report may state “did not complete as explained and demonstrated”) or refuse these tests, the police officer will likely arrest you for DUI, and you will be transported to jail or a sobering center and formally charged. You will be asked to take a chemical BAC test of your breath or blood. If you refuse the post-arrest “chemical test” of your blood or breath, or fail to complete it, this can lead to a lengthy suspension of your license – even if you are under the limit. The officer will likely take your driver’s license and issue you a pink temporary license, which kicks off an administrative process at DMV that is separate from the court process.  If you do not request an administrative hearing with the DMV within 10 days, your license will be automatically suspended.

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Santa Cruz DUI attorney parked carDrinking and driving inarguably puts everyone’s safety at risk. Sometimes, a driver leaves an establishment after consuming alcohol, only to realize that their intoxication was more severe than they originally estimated. Safety-conscious drivers may decide to pull their vehicle to the side of the road, find a rest stop, or even park at a gas station to take a quick nap. Although this decision ultimately prevents a potentially catastrophic accident, it also invites curious police officers to investigate the situation. DUI charges are possible in these cases, even when a drunk driver is parked and sleeping safely inside their vehicle.

DUI in a Parked Car

It is possible to be charged with DUI while in a parked car. However, a police officer must typically be able to show that you voluntarily moved your vehicle before the arrest. Voluntary movement may include something as minimal as a car rolling down a driveway after disengaging the parking brake. Other possible evidence that may show a driver moved their car while intoxicated includes:

  • The engine is warm.
  • The driver is in the driver’s seat.
  • The car is in drive.
  • The vehicle is at the scene of an accident.
  • The keys are in the ignition.

Santa Cruz Camping Ordinances

If someone is sitting in their car and behaving normally, a suspecting cop may not have reason to detain a driver, preventing them from obtaining evidence of a possible DUI. However, the city of Santa Cruz, along with many other California cities, has laws restricting sleeping in public. Many of these laws prohibit owners of registered vehicles from sleeping in their cars, except when there is written consent from the land or business owner granting permission, or in a designated camping area. 

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