Vehicle Code 23572 VC - DUI with a Child Under 14 in the Car
California Vehicle Code 23572 VC imposes increased penalties if you drive under the influence (DUI) with a child under the age of 14 in the vehicle. This enhancement includes a mandatory 48 hours in jail for a first-time DUI offense.
Simply put, under VC 23572, a misdemeanor DUI carries additional penalties if you were driving with anyone under the age of 14 in the car.
Notably, the sentence enhancement still applies regardless of your level of intoxication, blood alcohol content (BAC), how you were driving, or lack of intent to harm the child.
If you had a child under 14 in your car while committing a DUI in California, this is considered an 'aggravating circumstance." In legal terms, this means it will increase your jail sentence, regardless of other factors.
For instance, a first offense carries a significant 48 hours in jail, a second offense carries ten days, and a third offense carries 30 days. This underscores the serious nature of the DUI penalties for a first-time offense with a child in the car.
Notably, jail time is imposed in addition to the sentence for the underlying DUI offense. For a first-time DUI, the penalties can include three to five years of informal misdemeanor probation and three to nine months of DUI school.
There are also fines and penalty assessments, installation of an ignition interlock device (IID), a six-month driver's license suspension, and up to 6 months in jail.
In other words, If you are convicted of DUI when a minor under age 14 or younger is in the car with you, then you will spend some time in jail, even for a first offense.
It's important to note that the severity of the DUI, whether it's a misdemeanor or not, and the judge's discretion in imposing jail time for the underlying DUI offense does not affect the mandatory jail time for a first-time DUI with a child in the car.
What Does the Law Say?
The entire text of Vehicle Code 23572 says, "(a) If any person is convicted of a violation of Section 23152 and a minor under 14 years of age was a passenger in the vehicle at the time of the offense, the court shall impose the following penalties in addition to any other penalty prescribed:
(1) If the person is convicted of a violation of Section 23152 punishable under Section 23536, the punishment shall be enhanced by an imprisonment of 48 continuous hours in the county jail, whether or not probation is granted, no part of which shall be stayed.
(2) If a person is convicted of a violation of Section 23152 punishable under Section 23540, the punishment shall be enhanced by an imprisonment of 10 days in the county jail, whether or not probation is granted, no part of which may be stayed.
(3) If a person is convicted of a violation of Section 23152 punishable under Section 23546, the punishment shall be enhanced by an imprisonment of 30 days in the county jail, whether or not probation is granted, no part of which may be stayed.
(4) If a person is convicted of a violation of Section 23152, which is punished as a misdemeanor under Section 23550, the punishment shall be enhanced by an imprisonment of 90 days in the county jail, whether or not probation is granted, no part of which may be stayed.
(b) The driving of a vehicle in which a minor under 14 years of age was a passenger shall be pled and proven.
(c) No punishment enhancement shall be imposed pursuant to this section if the person is also convicted of violating Section 273a of the Penal Code arising from the same facts and incident."
What are the Enhanced Penalties?
As noted, VC 23572 VC provides increased penalties if a driver is convicted of DUI while a child under the age of 14 is in the vehicle, which is in addition to the standard penalties for a DUI conviction. The additional penalties include:
- First DUI offense includes an additional 48 hours in county jail.
- Second DUI offense includes an additional ten days in county jail.
- Third DUI offense includes an additional 30 days in county jail.
- Fourth or subsequent DUI includes an additional 90 days in county jail.
It's important to note that these penalties are not negotiable and must be served consecutively to any other jail time imposed for the underlying DUI conviction, leaving no room for leniency.
What Are the Standard DUI Punishments?
Not including the enhancements under VC 23572, a DUI conviction in California under Vehicle Code 23152 carries harsh penalties. If convicted, the standard punishments could include the following:
First DUI Offense:
- Up to 6 months in county jail.
- Fines and penalties between $1,500 and $2,000.
- Informal probation for three to five years.
- Six-month driver's license suspension.
- DUI school for three to nine months.
- Possible installation of an ignition interlock device.
Second DUI Offense:
- Up to 1 year in county jail.
- Larger fines.
- Two-year driver's license suspension.
- Longer DUI school.
- Installation of an ignition interlock device for one year.
Third DUI Offense:
- Up to 1 year in county jail or state prison.
- Further increased fines
- Three-year driver's license suspension.
- Extended DUI school requirements
- Installation of an ignition interlock device for two years.
Additionally, a DUI conviction in California could lead to long-term consequences beyond legal penalties, such as a permanent criminal record, increased car insurance rates, and loss of employment opportunities, significantly impacting your future.
The state of California has several statutes known as DUI Enhancement Laws that add more penalties to the standard penalties related to a DUI conviction.
A dry reckless is one of the most advantageous plea reductions in California DUI cases.
What are Related Laws?
The district attorney often files several related California laws and sentencing enhancements in addition to VC 23572, such as the following:
- Penal Code 273(a) PC - Child endangerment. This law involves intentionally placing a child under 18 in a situation that threatens their health and safety. This typically includes exposing a child to unjustifiable pain, suffering, or danger. Notably, the child does not need to experience physical harm, just that there is an unreasonable risk that it could occur. PC 273(a) is a wobbler that can be filed as a misdemeanor or a felony that carries two, four, or six years in prison and a fine of up to $10,000.
- Vehicle Code 23582 - DUI with excessive speed and reckless driving. This law imposes additional penalties if you drive under the influence and simultaneously exceed the speed limit by more than 20 miles per hour on surface streets or more than 30 miles per hour on highways. The additional penalties include a minimum of 60 days in county jail that is added to the penalties for the underlying DUI offense.
- Vehicle Code 23578 - Enhanced penalty for excessive blood alcohol content (BAC) or chemical test refusal. The judge can impose stricter penalties if you have a BAC of 0.15% or higher or refuse to submit to a chemical test, such as a breath or blood test. These enhancements include longer jail time, longer driver's license suspension, and mandatory installation of an ignition interlock device.
What are the Common Defenses?
Suppose you are accused of VC 23572 DUI with a minor under age 14 in the car. In that case, a California criminal defense attorney could use different strategies to obtain the best possible outcome, as discussed below.
The enhancements under VC 23572 only apply if you are convicted of DUI. Perhaps we can successfully challenge the underlying DUI charge, which would avoid the additional penalties.
Perhaps we can prove that no child under 14 was in the vehicle during the DUI, which can nullify the sentence enhancement. Perhaps we can prove that the police lacked probable cause to stop or arrest you, which could lead to the dismissal of the charges.
A wet reckless is one of the most common plea reductions in California DUI cases. It involves a negotiated agreement where a DUI charge is downgraded to reckless driving involving alcohol under Vehicle Code 23103.5.
For more information, contact Cron, Israels & Stark, a criminal defense law firm in Los Angeles, CA.