Vehicle Code 23572 VC – DUI with a Child Under 14 in the Car

Califonia Vehicle Code 23572 VC provides for increased penalties if you drive under the influence with a child under the age of 14 in the vehicle. This includes a mandatory 48 hours of jail on a first-time DUI offense. The enhanced DUI penalty can be as great as an additional 90 days of jail time for a fourth California DUI offense.

Defenses

People accused of a crime under this statute can challenge the accusation with a legal defense. A few common defenses include defendants showing that:

• they were not guilty of DUI,
• there was no child under 14 in the vehicle, and/or
• a police officer stopped or arrested them without probable cause.

Penalties

A violation of VC 23572 will result in the following sentencing enhancements:

• an additional 48 hours in county jail for a first-time DUI,
• an additional 10 days in jail for a second DUI offense,
• an additional 30 days in jail for a third DUI and
• an additional 90 days in jail for a fourth DUI.

These jail terms are imposed in addition to any jail time or other penalties a defendant has to serve for his/her DUI charge.

Our California criminal defense attorneys will highlight the following in this article:

• 1. What are the penalties for DUI with a child in the car?
• 2. Are there legal defenses?
  • 2.1. Not guilty of DUI
  • 2.2. No child under 14
  • 2.3. No probable cause
• 3. What are the penalties for VC 23572?
• 4. Are there related offenses?
  • 4.1. Additional DUI penalty for excessive speed and reckless driving – VC 23582
  • 4.2. Enhanced DUI penalties for excessive BAC or test refusal – VC 23578
  • 4.3. Child endangerment – PC 273a

1. What are the penalties for DUI with a child in the car?

Under VC 23572, a defendant guilty of misdemeanor DUI will receive additional penalties/jail time if he/she was driving with a child passenger, or any person under the age of 14 in the car.¹

This sentence enhancement applies regardless of the following factors:

• whether the defendant intended to harm the child,
• the defendant’s level of intoxication or blood alcohol content (BAC), or
• the accused’s driving pattern.

2. Are there legal defenses?

Criminal defense lawyers draw upon several legal strategies to contest charges of DUI with child in the car. Three common ones include showing that:

1. the defendant was not guilty of driving under the influence of alcohol.
2. the accused did not have a minor passenger in the vehicle.
3. law enforcement stopped or arrested the accused without probable cause.

2.1. Not guilty of DUI

People are only subject to this California law if they received a DUI conviction. This means it is always a defense for an accused to challenge an underlying DUI charge. If he/she is successful, then no enhancement will apply. A plea bargain to a reduced DUI charge, such as wet reckless, will also avoid a sentence enhancement under this statute.

2.2. No child under 14

A person will only receive a sentence enhancement per this law if they had a child under the age of 14 in a motor vehicle at the time of a DUI arrest. Therefore, defendants can always use the defense that the child in a car was 14 years old or older.

2.3. No probable cause

Law enforcement can only stop or arrest a person if they have probable cause that he/she has committed an offense. As such, an accused can challenge a DUI charge by showing that the police never had probable cause to pull him/her over.

3. What are the penalties for VC 23572?

A violation of section VC 23572 means that defendants will receive additional time in jail for their DUI offense. This additional jail time is imposed as follows:

• an additional 48 hours in county jail (as opposed to state prison) for a first-time DUI,
• an additional 10 days in jail for a second DUI offense,
• an additional 30 days in jail for a third DUI and
• an additional 90 days in jail for a fourth DUI.

Note that this jail time is imposed in addition to the sentence that a defendant receives for the underlying DUI offense. For a first time DUI, DUI penalties can include:

• 3 to 5 years of informal misdemeanor probation (typically 3 years),
• DUI school ranging from 3 to 9 months (typically 3 months),
• fines and penalty assessments totaling between $1,500 and $2,000,
• a 6-month driver’s license suspension (though people may be able to get a restricted license or drive immediately with an IID restricted license),
• installation of an ignition interlock device for six months (unless the defendant chooses not to drive), and
• up to 6 months in jail.

4. Are there related offenses?

There are three laws related to this DUI sentence enhancement. These are:

1. additional DUI penalty for excessive speed and reckless driving – VC 23582,
2. enhanced DUI penalties for excessive BAC or test refusal – VC 23578, and
3. child endangerment – PC 273a.

4.1. Additional DUI penalty for excessive speed and reckless driving – VC 23582

Under Vehicle Code 23582, the additional DUI penalty for excessive speed and reckless driving applies when people:

1. drive under the influence of alcohol, and
2. drive over 20 miles per hour and in a reckless manner.

As with a violation of VC 23572, a violation of this law results in jail time in addition to any penalties for the underlying DUI offense. The additional jail time is a minimum of 60 days.

4.2. Enhanced DUI penalties for excessive BAC or test refusal – VC 23578

Under Vehicle Code 23578, the enhanced DUI penalty for excessive BAC or test refusal applies when people:

1. drive under the influence of alcohol, and
2. do so with a BAC of 0.15 or higher or do so and refuse a breath or urine test.

Additional penalties, under VC 23578, may include:

• additional jail time,
• a longer driver’s license suspension by the DMV,
• installation of ignition interlock device in the defendant’s vehicles, and
• additional DUI classes.

As with VC 23572, these penalty enhancements are imposed in addition to any penalties for the underlying DUI.

4.3. Child endangerment – PC 273a

Per California Penal Code 273a, child endangerment charges can get filed if people willfully expose a child under the age 18 to unjustifiable pain, suffering, or danger.

If a person violates VC 23572, then a party could receive enhanced jail time and be guilty of both:

• DUI, and
• child endangerment.

For additional help…

For additional guidance or to discuss your case with a criminal defense lawyer or DUI lawyer, we invite you to contact our law firm at the Shouse Law Group. Our attorneys provide both free consultations and legal advice you can trust.

Our lawyers also represent clients throughout California State, including those in Los Angeles, Orange County, and Sacramento.

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