DUI with your kids in the car, not smart!
What is going on in the world?
There are several news stories recently about people getting arrested for DUIs with their kids in the car. I can assure you this takes an ordinary misdemeanor and makes it very serious. Depending on the charge a felony child endangerment can carry a 2-6 year STATE PRISON sentence! There is also a misdemeanor child endangerment charge carrying up to a year in jail. Additionally, there is a special allegation for a DUI with a child in your car, CVC 23572.
The first story involves a 16 year old calling the police on her mom while she is in the car!
“She noticed her mom was weaving all over the road. She asked her mom several times to pull over. Her friends were in the car,” said Officer Lisa Holland from Roswell police. Her daughter is being hailed for making that call, and turning her own mother in to keep others, including herself and her friends, safe.
The next story comes out of Kentucky:
“After someone called police to report a suspected drunken driver with what appeared to be three small children hanging out of the windows of a car, Cave City police and an off-duty Barren County sheriff’s deputy stopped a car driven by Misty Byrd, 34, of Cave City, according to a news release from the Cave City Police Department…Byrd was arrested Wednesday night on Ky. 90 at Pruitt’s Knob and charged with driving under the influence (aggravated circumstances), three counts of first-degree wanton endangerment and possession of a open alcohol container in a motor vehicle, Cave City police Chief Jeff Wright said.”
Another story from Tennessee about a woman already facing DUI charges and then having additional charges added:
“A Memphis mother is facing new charges when she goes court Thursday morning. Aggravated child abuse and neglect have been added to a list of charges. Police first arrested Natalie Onidas in December after a drunk driving crash critically injured a five-year-old girl and led to a three car pileup. There were three other children in the car, all under the age of eight. Onidas reportedly ran a red light. Police originally charged Onidas with DUI, child endangerment, and driving on a revoked license. According to police, Onidas admitted she drank Kool-Aid and vodka the night before and the morning of the crash.”
In California you can face additional charges of child endangerment and potential DUI special allegations depending on the facts of your case. Things that will be taken into account in deciding what to charge the person with will be the blood alcohol level (higher the BAC = higher potential danger for the child), the manner in which you drove (were you speeding, and how fast were you going if so, weaving, was there an accident, etc.), and the age of the child.
If you get a DUI with your child in the car, not only do you need a skilled DUI lawyer, you should probably look into some alcohol treatment as well. Drinking and driving with children in the care is completely unacceptable.