Driving Drunk With Child In Car Leads To Reckless Endangerment Charges

Drunk driving charges, or OWI, (operating while intoxicated), as it is called in Illinois, were filed against a 31 year old Illinois man, according to jsonline.com. He was driving 90 mph southbound
on I-94 where the speed limit is 65 mph. Once stopped, a nine month old infant was found in the car.

The preliminary alcohol screening test, PAS, result was a .24, three times the legal limit. The driver was additionally charged with recklessly endangering the safety of a minor and operating a vehicle with a prohibited alcohol content with a child under 16 years old.

In California, if a person is convicted of driving under the influence and it is proven that a minor under the age of 14 was a passenger in the car at the time of the offense, the court will impose a sentencing enhancement under California Vehicle Code section 23572.

In addition to any other punishment imposed under the underlying drunk driving offense, on a first conviction the person will receive an additional 48 continuous hours in the county jail.

On a second DUI, the punishment shall be enhanced by an imprisonment of 10 days in the county jail.

For a third DUI, the punishment shall be enhanced by an imprisonment of 30 days in the county jail.

For a fourth drunk driving conviction, the punishment shall be enhanced by an imprisonment of 90 days in the county jail.

This additional jail time is imposed whether or not probation is granted and no part of it may be stayed.

This enhancement does not apply if the person is also convicted of violating Penal Code section 273(a), child endangerment. Child endangerment is a “wobbler” which means it can be charged as either a misdemeanor or felony. In addition, this code section applies to minors under the age of 18.

If you are accused of drunk driving in San Diego County and there was a minor passenger in the car, call The Law Offices of Susan L. Hartman right away. With this enhancement, you are facing additional penalties, including jail time. You need an exclusively DUI defense firm that will aggressively defend your case. We offer a free, confidential consultation so you risk nothing by speaking to us about your case and your rights. To set up an appointment, send us a message online using the “Contact Us” form on this page or call 619-260-1122.