DUI Penalty Enhancement for Minor Passenger Under Age 14
California laws impose increased penalties for any driver charged with operating a motor vehicle or vessel with a BAC of .08% or above while transporting a minor passenger under 14 years of age. Charged as a DUI Penalty Enhancement, the added punishment is:
1st Offense: Additional 48 Hours in jail
2nd Offense: Additional 10 Days in jail
3rd Offense: Additional 30 Days in jail
4th Offense: Additional 90 Days in jail
California Vehicle Code §23572
DUI with a Minor Passenger in Vehicle
The above penalty add-ons for a first, second, third and fourth DUI offense within a ten year period are imposed on a DUI defendant in ADDITION to the standard adult DUI penalties for a 23152 violation. The minimum incarceration terms may not be substituted in lieu of probation, and are independent of any probationary term assigned or not assigned at your sentencing hearing in criminal court.A DUI Penalty Enhancement is not eligible to be stayed, nor is whether to impose the minimum jail sentence at the discretion of the judge or jury.
It is important to keep in mind that the state bears the burden of proof, and you must be found guilty beyond a reasonable doubt for the mandatory jail time to apply to your case. Consult with an experienced DUI attorney as soon as possible.
*Note: California Vehicle Code §23572 exempts a person who is convicted of a Section 273a violation (profiting from the adoption or sale of a child) stemming from the same arrest or crime report from serving the supplemental jail time attached to this offense.
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