DUI with Child Passenger in Fresno
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You can be arrested for driving under the influence (DUI) if you are found to be operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or greater. DUI offenses may result in penalties that involve significant fines, as well as some time in jail. However, DUI offenses can result in enhanced penalties if there are additional circumstances involving a child.
As a result, a DUI offense is more severe when it involves a child passenger. The laws in California specify that a person under the age of 14 is considered to be a child. Thus, if you are stopped under the suspicion of DUI in Fresno with a child in your vehicle and the police officer determines that you are intoxicated, you can face additional penalties because this is considered to be a form of child endangerment. In some situations, the offense can even be considered a form of child abuse. Penalties may involve extended jail time as well as enrollment in alcohol treatment programs and/or counseling.
CA Child Endangerment Laws & Penalties
Child endangerment can be charged as a misdemeanor or a felony, depending upon the severity of the situation. In court, the burden of proof is on the prosecution to show sufficient evidence that you committed the crime of child endangerment.
According to California’s child endangerment laws, any person who willfully causes or permits any child to suffer, or inflicts physical pain or mental suffering upon the child, or otherwise endangers the health of the child, can face a felony charge punishable by up to six years in prison or a misdemeanor charge punishable by up to six months in jail.
Terms of probation for a child endangerment charge will often be a minimum of three years and include a protective order shielding the victim from any further acts of violence or threats of violence. You may also be required to enroll in and attend a state-certified child abuser's treatment counseling program for one year.
Contact Our Attorney
If you are facing DUI charges involving child endangerment, do not think that your only choice is to plead guilty. Take a moment to contact our DUI lawyers at Wapner Jones, PC and schedule a consultation to discuss the facts of your case and get legal counsel on your options.
We're ready to help you fight your charge and help you move forward. Call (559) 257-4707 now!