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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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