Parents and child caretakers beware: if you are caught driving under the influence and you have a child under the age of 14 in the car with you, the prosecution may charge you with DUI as well as a charge of California Vehicle Code section 23572.
This section provides for penalties on top of the underlying DUI penalties.
A first time DUI conviction where a minor under the age of 14 is in the car will bring an additional 48 hours in a county jail. A second time DUI conviction will bring an additional 10 days in jail. A third conviction will bring an additional 30 days in jail. A fourth will bring an additional 90 days. Furthermore, these penalties are to be served consecutively, not concurrently, with the underlying DUI penalties.
The prosecutor need only prove that you were driving under the influence and that there was a minor child under the age of 14 in the car while you drove.
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