DUI Child Endangerment Attorney in Bakersfield
Why Choose Brehmer Law Corporation?
You need an attorney who is experienced in DUI child endangerment processes and ramifications to craft an aggressive defense against the prosecution’s charges and make informed decisions in your best interest, based on the specific details of your case.
Our Bakersfield DUI child endangerment attorney has the knowledge and skill to fight for your rights. Mr. Brehmer’s background in forensic science allows him to challenge faulty BAC diagnostics, while his extensive legal experience allows him to easily navigate the prosecution’s charges. Brehmer Law Corporation strives to win acquittals and reduced sentences for our clients.
What is Considered Child Endangerment?
The Child Endangerment Law (Penal Code 273(a)) is applied to those who willfully endanger a child by putting them in a situation precarious to the child’s health or welfare. In California, driving under the influence with a minor under 14 in the vehicle can be considered child endangerment.
In order to be convicted of child endangerment, the prosecution must prove criminal negligence on your part and willing endangerment of a child. Depending on the circumstances, if convicted of child endangerment, a person convicted of child endangerment faces sentencing of up to a year in county jail for a misdemeanor, or up to six years in state prison for a felony
Common Defenses Against a DUI with Child Endangerment
Challenging the Legality of the Traffic Stop
Police officers must have reasonable suspicion to pull you over and probable cause to make an arrest. If your attorney can show that the stop was illegal—perhaps the officer had no valid reason to pull you over—then any evidence gathered afterward (such as breath or blood test results) may be thrown out. Without that evidence, the prosecution’s case could fall apart.
Questioning the Accuracy of Chemical Tests
Breathalyzers and blood tests are not infallible. Machines must be properly calibrated, and officers must follow strict procedures when conducting tests. A small mistake in handling, storage, or timing could lead to inaccurate readings. Your defense lawyer can request maintenance logs, calibration records, or video evidence to challenge the reliability of those results.
Disputing the Definition of “Endangerment”
Not every DUI with a child in the car automatically equals child endangerment. For instance, if your blood alcohol concentration (BAC) was barely over the limit and you were driving safely, your attorney may argue that there was no actual risk to the child. Demonstrating that your behavior was not reckless or dangerous can sometimes lead to reduced or dismissed charges.
Arguing Lack of Evidence or Misinterpretation
Sometimes, the prosecution’s case relies heavily on assumptions or subjective interpretations of events. Witness statements, police reports, and even dashcam footage can be analyzed to expose inconsistencies. Your lawyer may show that you were not impaired or that your behavior was misjudged due to fatigue, medication, or stress rather than intoxication.
Negotiating for Lesser Charges
If the evidence against you is strong, an experienced defense attorney can still help minimize the damage. This might involve negotiating a plea deal that removes the child endangerment enhancement in exchange for completing a treatment program or community service. Reducing a felony charge to a misdemeanor can make a significant difference in protecting your record and family rights.
Why Legal Representation Is Essential
Child endangerment in a DUI case carries both criminal and personal consequences. Beyond fines and jail time, you may face license suspension, increased insurance costs, and even scrutiny from child protective services. Attempting to navigate these challenges without a skilled attorney is risky.
A qualified Bakersfield DUI child endangerment lawyer can evaluate the details of your arrest, identify weaknesses in the prosecution’s case, and develop a strategy tailored to your circumstances. They can also help protect your parental rights and guide you through any related family law proceedings.
Contact Brehmer Law Corporation at (661) 430-0868 immediately for a tenacious DUI child endangerment attorney in Bakersfield ready to fight for you.
DUI Sentence Enhancement for a Child in the Vehicle
If you are being charged with child endangerment, you need an experienced Kern County DUI attorney who knows how to fight for your case. Even if the prosecution cannot prove you are guilty of child endangerment, they can still opt to charge you with a DUI sentence enhancement (Vehicle Code 23572), which is an additional punishment on top of the DUI sentence penalty. To do this, they merely need to prove you are guilty of a DUI and that there was a child aged 14 or younger in the car at the time of the offense.
If convicted, your enhanced sentence could be:
- First Offense: 2 days in county jail
- Second Offense: 10 days in county jail
- Third Offense: 30 days in county jail
- Fourth or more: 90 days in county jail
We offer free case consultations. Call (661) 430-0868 now to get started on your defense.