DUI with a Minor Passenger: The Hidden Aggravating Factor

Understanding VC §23572

California Vehicle Code §23572 is an enhancement statute that increases penalties for a DUI committed with a child passenger under 14 years old. It is not a separate offense but adds mandatory jail to any DUI conviction where the court finds this fact true. The law’s purpose is deterrence and child protection, but its application can be harsh in family situations.

Mandatory jail enhancements by offense level

• First offense: +48 hours jail
• Second offense: +10 days jail
• Third offense: +30 days jail
• Fourth or more: +90 days jail

These penalties stack on top of standard DUI sentencing. For Orange and Los Angeles Counties, judges often require in-person time served. Learn how this works in our resource: https://www.caduilaw.com/dui-law-library/minor-passenger-under-14-in-the-car-during-dui/.

Child endangerment: the separate felony risk

Prosecutors sometimes add Penal Code 273a charges, alleging child endangerment. It can be filed as a misdemeanor (up to one year in jail) or a felony (up to six years in state prison), depending on circumstances. The California Courts Self-Help Center explains wobbler crimes and sentencing basics: https://selfhelp.courts.ca.gov/criminal-court/sentencing.

Impact on family and license

A conviction under §23572 can affect professional licenses, custody matters, and employment requiring background checks. The DMV may impose concurrent suspension actions under its administrative authority. See the DMV’s DUI hearing process here: https://www.dmv.ca.gov/…/ffdl-26/.

Defensive strategies we use

• Challenge impairment evidence: Cross-examining SFST and chemical test compliance per NHTSA and Title 17 standards.
• Contest probable cause: Examining traffic stop legality and officer justification.
• Negotiate charge framing: In some cases, prosecutors agree to dismiss or strike the enhancement in exchange for additional classes or community service.
• Humanize mitigation: Presenting family responsibilities and treatment steps to avoid jail exposure.

Case example

In a Southern California case, a parent arrested for DUI with a 10-year-old passenger faced §23572 and PC 273a allegations. After forensic review showed borderline BAC readings and compliant parenting conduct, the enhancement was dismissed. The case resolved as a standard first-offense DUI with community service and parenting classes.

FAQs

What if the child wasn’t harmed?

Enhancement still applies if a minor under 14 was present, but mitigation may persuade dismissal or alternative sentencing.

Can this make my DUI a felony?

Not directly—§23572 itself is a misdemeanor enhancement—but prosecutors can add felony child-endangerment counts under PC 273a.

Does it affect my DMV license?

Yes. The administrative per-se process runs separately. Request a DMV hearing within 10 days of arrest to preserve driving privileges (https://www.caduilaw.com/court-dmv-trials/dmv-hearings/).

How can a lawyer help?

Experienced counsel can challenge the enhancement evidence, argue lack of willful endangerment, and negotiate for dismissal or alternative sentencing options.

The bottom line

DUI with a child passenger is serious, but strong advocacy can minimize penalties and protect your family. Braden & Tucci—Southern California’s Most Respected DUI Attorneys—fights enhancements aggressively to defend your record and parental rights.