Children in the Car
In California, arrests for driving under the influence of alcohol or drugs trigger two separate cases. A driver faces a California DMV case and a California criminal case. Each case should be seen to immediately in order to avoid unnecessary negative consequences. A qualified DUI / DWI lawyer can handle both aspects of the DUI / DWI case. In California DMV cases a person arrested on suspicion of drunk driving has ten days within the date of arrest to request a Department of Motor Vehicles hearing or the DMV will automatically begin a process of suspending the person’s license to drive.
While the D.M.V. deals with the driver’s license, the criminal court deals with punishing the convicted. In the criminal case people will face enhanced sentences for having children in the car while driving under the influence. The driver does not have to enter a guilty plea. An accomplished and experienced DUI / DWI attorney can fight the case and win. Oftentimes it is expensive to fight a DUI / DWI case, but it is possible to win a case with the help of a criminal defense attorney.
In driving under the influence cases, the prosecutor has a choice to file additional sentence enhancing charges. The common charges are for speeding, having children in the car, or for causing an injury or traffic accident. When one is convicted of a sentence enhancing charge the punishment ordered by the court can be harsh. A California DUI / DWI attorney with vast experience can work to limit the affect of any sentence enhancements.
When one is convicted of driving under the influence of alcohol or drugs with children in the car, the additional punishment will be 48 hours in jail for a first-time offender, 10 days for a second-time offender, 30 days for a third-time offender, and 90 days for the four-time offender. This sentence is mandatory. Unless a an experienced drunk driving criminal defense lawyer can exonerate the driver of the charges, he or she will go to jail. The courts take crimes involving the endangerment of children very seriously. Many times children do not have a choice of drivers. It is uniquely unfair to force a child to be a potential victim of a drunk driving incident.
For purposes of this law, a child is considered to be someone under 14 years old. The courts take this offense seriously and are willing to impose harsh penalties on those who are guilty of child endangerment. Many times a DUI / DWI lawyer will recommend that the driver accept a plea bargain that does not include the sentence enhancing charges.
The sentencing enhancement for a person convicted of driving under the influence of alcohol with children in the car is not taken lightly by judges and prosecutors. Punishments for such crimes mirror the seriousness with which these cases are prosecuted. An experienced California criminal defense attorney experienced in D.U.I. cases can help to eliminate such charges or to negotiate a compromised plea with the prosecutor.
