Monday, September 17, 2012

A DUI With a Child in the Car Means Jail


Law Offices of EJ Stopyro
Orange County DUI Lawyers
DUI Attorney in Orange County

So you and a friend decide to meet for lunch and take a break in the middle of your busy day. You order lunch and have a drink or two. After catching up you hit the road and get on with your busy day. It’s off to soccer practice to pick up your 13-year-old. Then, on the way home from soccer practice you make a call on your cell phone. All of the sudden you hear the motorcycle cop beeping his siren behind you. Oh no!

The officer comes to your window and asks for your license and registration. But when the cop smells alcohol on your breath the stop turns from a routine cell phone ticket to a full fledged DUI investigation. The officer asks you to perform some roadside field sobriety tests, and you agree. You tell the officer that you want to talk to an Orange County DUI lawyer but he the tells you that you cant. Then, the cop asks you to take a Preliminary Alcohol Screening Test (PAS), which is a voluntary breath test. Again, you agree. The next thing you know you are being arrested for an Orange County DUI. Your car is impounded and your child is taken home by another police officer. You are taken to jail, given the option of a blood test or breath test, and told your driver’s license will be suspended by the DMV.

Unfortunately, it gets worse. Not only will you face charges for a DUI but you will also you will also be charged with a child endangerment enhancement. Any DUI lawyer in Orange County will tell you that if you are convicted of a DUI in Orange County and there was a child under the age of 14-years-old in the car at the time, you will face MANDATORY JAIL TIME pursuant to California Vehicle Code Section 23572. This section mandates jail time of 2 days for a first-offense, 10 days if the DUI is a second-offense, 30 days for a third-offense DUI and 90 days for a fourth-offense DUI. This mandatory jail time MUST be served consecutive to any jail time imposed for the underlying DUI.

If you are accused of driving under the influence of alcohol or drugs and you face a child endangerment enhancement you need to talk to an Orange County DUI attorney. Typically, the only way to defeat the enhancement is to successfully defend the underlying DUI charge; either through a rising defense or other successful DUI defense. Call the Law Offices of EJ Stopyro today at (949) 559-5500 for a consultation with an experienced Orange County DUI lawyer. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Law Offices of EJ Stopyro
DUI Lawyer in Orange County
Orange County DUI Attorneys

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