Penalties, CPS Involvement, and How an Experienced DUI Lawyer Can Help
A DUI arrest is always serious. When a child is in the vehicle, the consequences become far more severe—and far more personal. In Orange County, prosecutors aggressively pursue these cases, and they often involve mandatory jail time, child endangerment allegations, and Child Protective Services (CPS) investigations.
If you were arrested for DUI with a child passenger in Anaheim, Santa Ana, Irvine, Huntington Beach, Garden Grove, Fullerton, or anywhere else in Orange County, it is critical to understand what you are facing and how early legal intervention can protect both your freedom and your family.
The DUI Charge Comes First
Most cases begin with a charge under California Vehicle Code § 23152, which makes it illegal to drive while impaired by alcohol or drugs or with a blood alcohol concentration (BAC) of 0.08% or higher.
A standard DUI conviction may result in:
- Probation
- Fines and penalty assessments
- DUI school
- Driver’s license suspension
- Ignition interlock device (IID)
- County jail time
When a child is in the vehicle, additional laws apply—and the penalties escalate quickly.
Mandatory Jail Enhancement for DUI With a Child
Vehicle Code § 23572
California law requires mandatory additional jail time when a DUI conviction involves a child under the age of 14. This is not a separate charge, but a sentencing enhancement that judges cannot waive or reduce.
Mandatory additional jail time includes:
- First DUI: 48 additional hours
- Second DUI: 10 additional days
- Third DUI: 30 additional days
- Fourth or subsequent DUI: 90 additional days
Even in otherwise mitigated cases, courts are required to impose this extra jail time once the DUI conviction is entered.
Child Endangerment Charges
Penal Code § 273a
In more serious cases, Orange County prosecutors may also file child endangerment charges under Penal Code § 273a. These charges often arise when there are aggravating facts, such as:
- High BAC levels
- Reckless or dangerous driving
- A traffic accident
- Prior DUI history
- Allegations of poor supervision
Child endangerment is a wobbler offense, meaning it can be charged as either:
- Misdemeanor: Up to 1 year in county jail
- Felony: 2, 4, or 6 years in state prison
Actual injury to the child is not required. Exposure to a substantial risk of harm is enough under California law.
Can You Be Punished for Both?
Yes. California courts have ruled that DUI enhancements and child endangerment charges address different legal concerns—public safety and child welfare. As a result, both may be imposed in the same case if properly supported by the evidence.
This makes experienced legal representation especially important.
Mitigation Still Matters
Although some penalties are mandatory, mitigation often determines the overall outcome of a DUI with a child case.
Important mitigating factors may include:
- No prior DUI or criminal record
- BAC close to the legal limit
- No accident or reckless driving
- Child was properly restrained and unharmed
- Early participation in alcohol education or treatment
- Demonstrated accountability and insight
Strong mitigation can influence charging decisions, probation terms, and whether felony child endangerment allegations are pursued.
CPS Investigations After a DUI Arrest
Police officers are mandated reporters. When a DUI arrest involves a child passenger, Child Protective Services is often notified.
CPS involvement may include:
- Home visits
- Interviews with parents and children
- Risk assessments
- Voluntary or court-ordered services
- Juvenile dependency proceedings, in serious cases
CPS involvement does not automatically mean child removal, but how the situation is handled early can have lasting consequences.
Cooperating With CPS: Benefits and Risks
Potential benefits of appropriate cooperation include showing responsibility and reducing the likelihood of court intervention.
Potential risks include intrusive investigations and statements becoming part of official records.
Parents have constitutional rights during CPS investigations. Any cooperation should be informed and strategic, not automatic.
Why Experience Matters in These Cases
A DUI with a child in the vehicle is not a routine DUI. It is a high-stakes case involving criminal penalties, DMV consequences, and potential family law and dependency issues.
William M. Weinberg has over 32 years of experience helping clients navigate DUI cases involving children, child endangerment allegations, and related CPS investigations throughout Orange County, including Anaheim, Santa Ana, Irvine, Huntington Beach, Garden Grove, and Fullerton.
At the Law Offices of William Weinberg, we focus on:
- Challenging DUI evidence and police procedures
- Limiting or preventing child endangerment charges
- Presenting effective mitigation early
- Advising clients during CPS investigations
- Protecting professional licenses and long-term reputations
Talk to an Orange County DUI Lawyer Before Making Any Decisions
If you or a loved one has been arrested for DUI with a child in the vehicle, time matters. Early legal guidance can significantly affect the outcome of both the criminal case and any CPS involvement.
Contact the Law Offices of William Weinberg to discuss your case, understand your options, and protect your rights before critical deadlines pass. 949-474-8008 bill@williamweinberg.com