DUI with a Child in the Backseat in Beverly Hills, California: Charges and Penalties Explained
Driving under the influence (DUI) is a significant concern in Beverly Hills, California, and across the United States.
When a child is in the car during a DUI offense, the situation becomes even more complicated, leading to additional charges and severe penalties.
In this blog post, we’ll discuss the different charges you can face if you are caught driving under the influence with a child in the car in Beverly Hills, California, and what you can expect in the criminal justice process.
DUI (Vehicle Code section 23152(a))
This is the most common charge for driving under the influence and is a misdemeanor.
To be convicted of DUI in California, the prosecution must prove that the driver had a blood alcohol content (BAC) of 0.08% or higher while operating a vehicle.
Child Endangerment (Penal Code section 273a(a))
This charge is often filed when a child is present in the car during a DUI offense. Child Endangerment is a wobbler, meaning it can be charged as a misdemeanor or a felony, depending on the circumstances of the case.
To be convicted of Child Endangerment, the prosecution must prove that the driver put a child at risk of harm while driving under the influence.
In a Child Endangerment case, the prosecution must prove that the driver put a child at risk of harm while driving under the influence.
Felony DUI (Vehicle Code section 23152(b))
This charge is filed when the driver has a previous DUI conviction within the last 10 years or if there was a child in the car at the time of the offense. Felony DUI is a serious crime resulting in substantial fines, jail time, and a criminal record.
The elements of each crime are crucial to understanding in order to mount a successful defense.
In a Felony DUI case, the prosecution must prove that the driver had a previous DUI conviction within the last 10 years or that a child was present in the car at the time of the offense.
Criminal Charges Turn into a Juvenile Dependency Case
In addition to the criminal charges, a DUI case involving a child in the car can also result in a juvenile dependency case.
A juvenile dependency case is a separate legal proceeding brought by the county’s child welfare agency. The purpose of a juvenile dependency case is to ensure that the child is safe and protected from harm.
In cases involving DUI with a child in the car, the child welfare agency may seek to remove the child from the care of the parent who was driving under the influence and place the child in foster care or with another relative.
If you or someone you know has been charged with DUI with a child in the car in Beverly Hills, California, it is important to seek the assistance of a knowledgeable criminal defense attorney.
An attorney can help you understand the charges against you and the elements that the prosecution must prove to secure a conviction. They can also help you navigate the criminal justice process, negotiate a plea deal, or represent you in court if necessary.
WHAT SHOULD YOU IF YOU ARE DEALING WITH A DUI INVOLVING A CHILD IN BEVERLY HILLS?
If you have been accused of a DUI with a child in the backseat, of child abuse or neglect, or facing juvenile dependency cases in Beverly Hills, it is crucial to get an attorney as soon as possible.
We are experienced criminal defense attorneys who can fight your DUI case. We are also experienced juvenile dependency attorneys.
You deserve to have a lawyer who will help you fight to get your children back. If you are dealing with a juvenile dependency case, child-welfare services case, or CPS case in Beverly Hills, California, or Southern California, you need thejuvenile dependency attorneys at ALL Trial Lawyers by your side.
Don’t risk calling the wrong lawyer. If CPS is investigating you, you do not have to deal with them alone.