DUI with a Child - Sentencing Enhancement or a Felony?
California criminal law provides that if you are DUI with a child passenger who is under 14, you will automatically face a sentencing enhancement. The additional amount of jail time you face for this enhancement depends on whether it’s your first, second, or subsequent DUI offense.
But many groups are lobbying for stricter penalties. Instead of having a DUI sentencing enhancement for driving with a child under 14, these groups are fighting to make this offense an automatic felony. This movement isn’t specific to California, but is taking place throughout the country and gaining momentum as it sees success.
As it currently stands, when a defendant is charged with DUI…and has a child of any age in the car at the time of the offense…California prosecutors have the option of additionally charging the driver with the crime of child endangerment. But even this offense is what’s known as a “wobbler”, which means that it can be charged as either a misdemeanor or a felony.
As extreme cases of DUI involving children passengers continue to receive publicity, it is likely that the California Legislature will seriously consider taking this type of action. But for now, if your California DUI defense attorney can successfully fight or reduce your DUI charge, you will not receive this automatic sentencing enhancement.
