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Last Modified on Nov 26, 2025
Getting caught drunk driving can come with serious consequences, but what happens if you get a DUI while you have a child passenger? California law treats this offense as an aggravated crime with enhanced penalties.
It’s important to understand California law, the consequences for child endangerment, and why you need to hire a DUI lawyer.
California DUI Laws
Under California law, drivers can be charged with a DUI if they are impaired by alcohol and/or drugs and if they have a blood alcohol content of 0.08% or higher. This number is lower for teenage drivers and commercial drivers.
A DUI conviction comes with penalties that include:
- Jail time
- Fines
- Probation
- Alcohol education programs
- Ignition interlock device requirements, which prevented over 30,000 DUI attempts in 2023
However, if a child is involved, the penalties can increase. In serious cases, the prosecution may file child endangerment charges, which could be a misdemeanor or a felony charge.
A DUI stays on your driving record for 10 years. That means 10 years of higher insurance premiums. If you get another charge within that time, the new penalties could be more severe.
After the criminal case of your DUI ends, you may still have to deal with the family court regarding child custody. A single DUI won’t necessarily impact your parental rights, but if you were driving impaired with a child in the car, this can sway the judge’s orders on your custodial rights.
A DUI where a child was present is taken very seriously. It may result in:
- Temporary or long-term limits on transporting the child
- Supervised visitations
- Required treatment programs
- Mandatory substance abuse evaluation
- Loss of custodial time
Why DUIs With Child Passengers Are Treated So Seriously
If a DUI leads to an accident, the consequences can be life-altering. This requires both civil and legal support.
Having a minor in the vehicle is one of the most serious aggravating factors under state law. California has built-in enhancements since children are unable to protect themselves in these situations, and should be able to trust adults for protection.
Across the U.S., there were 229 children killed in DUI accidents in 2020. In 2023, this number rose to 253, with 132 of these children being passengers in the car with the impaired driver.
What To Do if You’re Arrested for DUI
If you are arrested for DUI and have a child in your vehicle, taking the right steps can make a big difference in the outcome of your case. Here are some important steps to take:
- Ensure the child’s safety. If there has been an accident, the first priority is making sure the child is okay. Call 911 or local police, such as the Hayward Police Department at 510-293-7000 or the Alameda Police Department at (510) 337-8340. Make sure the child receives a full medical evaluation to check for potential injuries or complications.
- Contact an attorney as soon as possible. Try to avoid giving statements until you have legal guidance.
- Request a DMV hearing quickly. You typically only have a short window to contest the automatic suspension of your license.
- Document everything. Write down everything that happened. Gather witness names and save any documentation related to the arrest.
- Begin rehabilitation efforts. Voluntary counseling or treatment can strengthen your position with both the criminal court and the family court.
Why Choose the Law Office of Louis J. Goodman?
A skilled DUI attorney is imperative in a DUI case. You need a criminal defense lawyer who understands the high stakes and complex overlap of criminal and family law.
The Law Office of Louis J. Goodman brings extensive experience to the courtroom. Our firm knows how the state builds DUI cases and how enhancements can be applied. We know where to look for weaknesses in police procedures and the government’s evidence against you.
We have a strong knowledge of local laws, procedures, and courtroom expectations. This gives our clients an advantage in navigating both the courtroom and DMV processes.
Our team carefully reviews every case and builds a strategic defense to fight for our clients’ rights and legal protection.
FAQs
What Happens if You Get a DUI With Kids in the Car?
A DUI with a child passenger can trigger strict DUI penalties. You may face child endangerment charges in addition to DUI charges. Penalties can include jail time, license suspension, fines, and mandatory alcohol or drug counseling. You can also expect increases in your insurance premiums and a criminal record. Having strong legal representation is imperative in these cases.
Can You Get Charged With DUI if You Are a Passenger?
DUI laws apply to the individual who is driving or has control of the vehicle. A passenger cannot be charged with a DUI unless they were driving or attempting to drive. For example, if they tried to take the wheel or climbed into the driver’s seat while the engine was running. They can still be charged with an open container or contributing to a minor’s drinking from the passenger seat, however.
Does a DUI Affect Child Custody?
Yes, a DUI can affect child custody if the child was in the vehicle at the time. Family courts focus on the child’s safety. A DUI would raise concerns about how well the parent is caring for the child’s well-being. Judges may limit a parent’s driving privileges with the child, order supervised visitation, and modify custody if there’s a risk of recurrence.
How Long Does a DUI Stay on Record?
A DUI in California can stay on your driving record for 10 years. Any repeated offenses during that time will come with increased penalties. You will also face higher insurance rates. If you drive for work, your employment may be compromised. If you were charged with a DUI while transporting a child, the court or DMV records may be reviewed by the family court for years to come.
Hire a DUI Lawyer
Facing a DUI charge with a child passenger is serious. To find out more about what happens if you get a DUI with a child passenger or find yourself facing these charges, contact the Law Office of Louis J. Goodman to schedule a consultation. Let us help you understand the procedures and your rights during the legal process.
