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Arrested for DUI with a Child in the Car

If you are arrested for driving under the influence of alcohol or drugs and you have a minor in the car (someone under the age of 14), you could face enhanced penalties and consequences. If this is your first offense, Vehicle code section 23572 states that you may face an additional 48 hours in jail for your crime. If this is not your first DUI, you could face up to 90 days in jail, in addition to your normal DUI penalties and consequences.

Even worse than a DUI, you could also find yourself facing Misdemeanor Child Endangerment charges. California Penal Code section 273a states that anyone who willfully places a child in a situation where his or her health may be endangered is guilty of child endangerment. Depending on the circumstances surrounding your DUI arrest, this could also be charged as a felony offense.

It is up to the District Attorney to decide what specific charges are filed and whether to charge you with a misdemeanor or a felony offense. The DA will look at all aspects of your arrest, including how high your BAC was over the legal limit, whether you were speeding or violating other traffic laws at the time of the arrest, and the age of the minor.

Contact Our Experienced Oakland DUI Defense Lawyers

If you find yourself facing DUI charges and you had a child in the car at the time of your arrest, it is important to understand the severity of these charges. You need an experienced Oakland DUI defense attorney on your side from the very start. At the Law Offices of Nabiel C. Ahmed, we will begin building a solid defense against these charges and help you avoid enhanced penalties. Call today at (510) 907-6600 or fill out our confidential contact form for more information.

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