Is a DUI offense different if you are driving children? 18 Answers as of November 01, 2010

I got a DUI while driving my children were in the back with my husband in the evening they said there will be enhancement.

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Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
There is an enhancement if there are minor children in the car. If it is charged the judge will impose a more severe penalty. For help call our office.
Answer Applies to: California
Replied: 11/1/2010
Law Office of Joseph Galasso
Law Office of Joseph Galasso | Joseph Galasso
There is the potential for a child endangement charge in that you were endangering their safety while driving impaired. It is at the discretion of the prosecution whether they want to file that charge.

If you have any questions please contact me
Answer Applies to: California
Replied: 11/1/2010
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Yes you were endangering the children. You need an attorney.
Answer Applies to: California
Replied: 11/1/2010
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
If there children in the car when you are driving under the influence you can actually be charged with a separate violation of criminal endangerment in violation of Penal Code section 273a. It is far more a problem that the special allegation to which you refer.
Answer Applies to: California
Replied: 10/31/2010
Law Office of Michael K. Moore
Law Office of Michael K. Moore | Michael K. Moore
It is possible that the District Attorney could decide to charge you with child endangerment because your children were in your car while you were allegedly driving under the influence. Moreover, even if the District Attorney decides not to add additional charges above and beyond the DUI charge, they might ask for increased penalties, such as a greater fine or more jail time. above what they would ask for in a "garden variety" DUI.
Answer Applies to: California
Replied: 10/30/2010
    The English Law Firm
    The English Law Firm | Robert English
    You can be charged additionally with child endangerment or other charges. I have had this exact scenario before in DUI cases. Call my office if you are in California.
    Answer Applies to: California
    Replied: 10/30/2010
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Yes, if there were kids under the age of 14 in the car at the time you were pulled over for a DUI, it is very likely they will allege that enhancement charge. The penalty for which can be severe. I highly recommend contacting an attorney to discuss your case.
    Answer Applies to: California
    Replied: 10/29/2010
    Wise Law Group
    Wise Law Group | Michael J. Wise, Esq
    There is a potential enhancement for driving with minor passengers while impaired or above .08 in California. However, an attorney may be able to negotiate with the DA to drop that enhancement.
    Answer Applies to: California
    Replied: 10/29/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    The prosecutor has the option of adding an enhancement called "child endangerment," which (if alleged and admitted to, or found by a jury beyond a reasonable doubt) results in mandatory jail time. You should consult an attorney who specializes in DUI to try to get the enhancement dropped.
    Answer Applies to: California
    Replied: 10/29/2010
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    You can be charge with child endangerment, a different offense.
    Answer Applies to: California
    Replied: 10/29/2010
    Law Office of William M. Concidine
    Law Office of William M. Concidine | William Concidine
    There is an enhancement for driving with children under 14 years of age.If found guilty or if you plead guilty to a DUI, there may be custody imposed or some alternative to custody. It may be possible to negotiate a deal with the prosecutor to avoid the enhanced penalties.
    Answer Applies to: California
    Replied: 10/29/2010
    Steven Mandell
    Steven Mandell | Law Offices of Steven Mandell
    "They" are right, whoever they are. If you drive with children under the age of 14 and are arrested for a DUI, the fact of the children being in the car makes it a more serious offense. However, this is negotiable, and can be stricken from the complaint in some cases. I recommend that you have a consultation with a criminal lawyer experienced in DUI and DMV matters. I'd be happy to meet with you for a free consultation if you'd like. Feel free to contact me.
    Answer Applies to: California
    Replied: 10/29/2010
    The Law Office of Stacey Wolcott
    The Law Office of Stacey Wolcott | Stacey Wolcott
    Well the District Attorney can possibly charge you with a separate charge for what is typically know as child endangerment.
    Answer Applies to: California
    Replied: 10/29/2010
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    Yes. You can be charged also with Child Endangerment, which is a separate misdemeanor, and with misdemeanor DUI with the enhancement you mentioned that you had a child in the car. This enhancement comes with mandatory jail time if convicted. It is important to contact an attorney immediately who specializes in DUI, as I do, to get competent representation and avoid jail time. Also, you MUST contact the DMV within 10 days of your arrest.
    Answer Applies to: California
    Replied: 10/29/2010
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    A DUI is a DUI. If you were also charged with misdemeanor child endangerment, you have got a really big problem. Either way, if you are serious about hiring an attorney, feel free to contact me for the legal help you are going to need.
    Answer Applies to: California
    Replied: 10/29/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Your husband is correct. Not a good idea to transport children or anyone when drunk.
    Answer Applies to: California
    Replied: 10/29/2010
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    Yes they can add child endangerment charges.
    Answer Applies to: California
    Replied: 10/29/2010
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