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DUI With Children in the Car in Orange County: Important Information 2024

DUI With Children in the Car in Orange County

DUI With Children in the Car in Orange County

Driving under the influence (DUI) is a serious crime that can have severe consequences in Orange County, California, and across the United States. 

However, when a child is in the car at the time of the offense, the situation becomes even more complicated, leading to additional charges and severe penalties. 

In this blog post, we’ll examine the different charges you can face if you are caught driving under the influence with a child in the car in Orange County, California, and what you can expect in the criminal justice process.

The Three Main Offenses You Can Be Charged With if There’s a DUI and a Child in the Car

In California, driving under the influence is a criminal offense that can lead to a range of charges, including:

  • 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 you were driving with a blood alcohol content (BAC) of 0.08% or higher.
  • Child Endangerment (Penal Code section 273a(a)): This charge is often filed when a child is present in the car at the time of the DUI. Child Endangerment is a wobbler, which means that 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 you 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 that can lead to substantial fines, jail time, and a criminal record.

The elements of each of these crimes are crucial to understand in order to mount an effective defense. 

For example, in a DUI case, the prosecution must prove that the defendant was driving with a BAC of 0.08% or higher. In a Child Endangerment case, the prosecution must prove that the defendant put a child at risk of harm while driving under the influence. 

In a Felony DUI case, the prosecution must prove that the defendant had a prior DUI conviction within the last 10 years or that a child was present in the car at the time of the offense.

If you or someone you know has been charged with DUI with children in the car in Orange County, California, it is crucial to seek the assistance of an experienced criminal defense attorney. An attorney can help you understand the charges against you and the elements the prosecution must prove to secure a conviction. 

Criminal DUI Charges Can Lead to a Juvenile Dependency Case

In addition to the criminal charges, a DUI with children in the car in Orange County can also lead to a juvenile dependency case. A juvenile dependency case is a separate legal proceeding that the County’s child welfare agency brings. 

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.

WHAT SHOULD I DO IF I HAVE CRIMINAL DUI CHARGES IN ORANGE COUNTY?

If you have been charged with a misdemeanor or felony DUI in Orange County, you need the criminal defense lawyers at ALL Trial Lawyers by your side.

The attorneys at ALL Trial Lawyers are trial attorneys with years of experience. They know the law and are not afraid to take your case to trial.In addition, they have a strong reputation among judges and prosecutors throughout Southern California, which has delivered tremendous victories for their clients.

Our ultimate goal is to provide the best results that can be achieved in your case— whether by way of outright dismissal, a favorable plea bargain deal, or an acquittal of the charges at trial. With ALL Trial Lawyers by your side, you can rest assured that the criminal team will be giving you their all.

Call (866) 811-4255 right now for your free consultation.

We have an office located near you. We have experience fighting cases in Orange County, Los Angeles County, San Bernardino County, Riverside County, and San Diego County.

If you have been accused or charged of a crime, you must speak with an experienced criminal defense attorney who can help you navigate the legal system and protect your rights.

FIGHT YOUR DUI CHARGES IN ORANGE COUNTY TODAY

Conclusion and Recap of DUI With Children in the Car in Orange County

In conclusion, a DUI with children in the car in Orange County is a serious crime, that can result in severe penalties, including jail time, fines, and a criminal record.

If you or someone you know has been charged with DUI with a child in the car, it is vital to seek the assistance of an experienced criminal defense attorney. An attorney can help you understand the charges against.

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