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Child in the Car

Minor Passenger

If you are arrested for DUI and you have a child under the age of 14, then you may be charged with the minor passenger enhancement.

The Law

California Vehicle Code section 23571 states:

  1. If any person is convicted of a violation of Section 23152 and a minor under 14 years of age was a passenger in the vehicle at the time of the offense, the court shall impose the following penalties in addition to any other penalty prescribed:
    1. If the person is convicted of a violation of Section 23152 punishable under Section 23536, the punishment shall be enhanced by an imprisonment of 48 continuous hours in the county jail, whether or not probation is granted, no part of which shall be stayed.
    2. If a person is convicted of a violation of Section 23152 punishable under Section 23540, the punishment shall be enhanced by an imprisonment of 10 days in the county jail, whether or not probation is granted, no part of which may be stayed.
    3. If a person is convicted of a violation of Section 23152 punishable under Section 23546, the punishment shall be enhanced by an imprisonment of 30 days in the county jail, whether or not probation is granted, no part of which may be stayed.
    4. If a person is convicted of a violation of Section 23152 which is punished as a misdemeanor under Section 23550, the punishment shall be enhanced by an imprisonment of 90 days in the county jail, whether or not probation is granted, no part of which may be stayed.
  2. The driving of a vehicle in which a minor under 14 years of age was a passenger shall be pled and proven.
  3. No punishment enhancement shall be imposed pursuant to this section if the person is also convicted of a violation of Section 273a of the Penal Code arising out of the same facts and incident.

What Does This Actually Mean?

In order to convict you of the minor passenger allegation, the prosecutor must prove:

  1. You were driving under the influence; and
  2. You had a child under the age of 14 at the time you drove your vehicle.
  3. The minor child allegation is straightforward. If you are convicted of a DUI and you have a child under the age of 14, then the enhancement can be imposed.

    Penalties

    If the court finds that the enhancement for having a minor passenger applies, then you may be subjected to the following penalties in addition to your DUI sentence:

    1. Mandatory jail time as follows:
      1. 48 hours for a first DUI;
      2. 10 days for a second DUI within 10 years of a DUI or alcohol related driving conviction;
      3. 30 days for a third DUI within 10 years of two DUI or alcohol related driving convictions; and
      4. 90 days for a fourth or additional DUI within 10 years of three or more DUI or alcohol related driving convictions.

Minor Passenger

If you are arrested for DUI and you have a child under the age of 14, then you may be charged with the minor passenger enhancement.

The Law

California Vehicle Code section 23571 states:

  1. If any person is convicted of a violation of Section 23152 and a minor under 14 years of age was a passenger in the vehicle at the time of the offense, the court shall impose the following penalties in addition to any other penalty prescribed:
    1. If the person is convicted of a violation of Section 23152 punishable under Section 23536, the punishment shall be enhanced by an imprisonment of 48 continuous hours in the county jail, whether or not probation is granted, no part of which shall be stayed.
    2. If a person is convicted of a violation of Section 23152 punishable under Section 23540, the punishment shall be enhanced by an imprisonment of 10 days in the county jail, whether or not probation is granted, no part of which may be stayed.
    3. If a person is convicted of a violation of Section 23152 punishable under Section 23546, the punishment shall be enhanced by an imprisonment of 30 days in the county jail, whether or not probation is granted, no part of which may be stayed.
    4. If a person is convicted of a violation of Section 23152 which is punished as a misdemeanor under Section 23550, the punishment shall be enhanced by an imprisonment of 90 days in the county jail, whether or not probation is granted, no part of which may be stayed.
  2. The driving of a vehicle in which a minor under 14 years of age was a passenger shall be pled and proven.
  3. No punishment enhancement shall be imposed pursuant to this section if the person is also convicted of a violation of Section 273a of the Penal Code arising out of the same facts and incident.

What Does This Actually Mean?

In order to convict you of the minor passenger allegation, the prosecutor must prove:

  1. You were driving under the influence; and
  2. You had a child under the age of 14 at the time you drove your vehicle.
  3. The minor child allegation is straightforward. If you are convicted of a DUI and you have a child under the age of 14, then the enhancement can be imposed.

    Penalties

    If the court finds that the enhancement for having a minor passenger applies, then you may be subjected to the following penalties in addition to your DUI sentence:

    1. Mandatory jail time as follows:
      1. 48 hours for a first DUI;
      2. 10 days for a second DUI within 10 years of a DUI or alcohol related driving conviction;
      3. 30 days for a third DUI within 10 years of two DUI or alcohol related driving convictions; and
      4. 90 days for a fourth or additional DUI within 10 years of three or more DUI or alcohol related driving convictions.