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A DUI Charge Can Put Your Parental Rights at Risk
Facing a DUI charge is stressful enough, but if your case involves child endangerment, the stakes are even higher. Parents in San Bernardino charged with a DUI while their child was in the car may face severe legal consequences, including the possibility of losing custody. California law does not take these cases lightly, and neither do we. At Patrick Silva, Attorneys at Law, we fight relentlessly to protect your rights, your reputation, and, most importantly—your relationship with your child.
Understanding California Law: DUI with a Minor in the Car
California Vehicle Code §23572 imposes enhanced penalties for DUI cases involving a child under 14 in the vehicle. If convicted, you face mandatory jail time in addition to standard DUI penalties. This law is designed to deter parents from driving under the influence while transporting children, but it does not account for false accusations, inaccurate BAC results, or mitigating circumstances.
How Child Endangerment Charges Affect Custody Cases
A DUI with child endangerment can trigger a family court investigation. Judges in custody cases prioritize the child’s best interests, meaning any behavior deemed reckless—like a DUI charge—can be used against you. If your co-parent or another party raises concerns, you could face:
- Supervised visitation: The court may require that any time spent with your child be monitored by a third party, limiting your ability to have private, quality time together. This is often temporary but can feel like a major loss of parental authority.
- Temporary custody loss: Depending on the severity of the case, the court may award full custody to the other parent or even place the child with a guardian while an investigation is conducted. This can be emotionally devastating and may require extensive legal efforts to regain custody.
- Court-ordered rehabilitation programs: Judges may require you to complete alcohol education, substance abuse treatment, or parenting classes to demonstrate your commitment to being a responsible caregiver. While these programs can help in custody proceedings, they also burden your time and finances.
- A long-term impact on your parental rights: A DUI with child endangerment can be cited in future custody disputes, even if you comply with all court orders. If the court perceives a pattern of risky behavior, it could impact your ability to make legal decisions for your child or result in permanent modifications to your custody agreement.
Child Endangerment Laws and Your DUI Case
Under California Penal Code §273a, child endangerment is a separate criminal offense that may be charged alongside your DUI. Prosecutors may argue that by driving under the influence with a minor present, you willfully put your child in harm’s way. A conviction could mean additional jail time and serious consequences for your ability to retain custody.
Will Child Protective Services (CPS) Get Involved?
If you are arrested for a DUI with a child in the car, CPS may open an investigation. They will assess whether your child is in immediate danger and whether further legal action is necessary.
CPS investigations are not always fair and often rely on law enforcement reports rather than the full story. We will aggressively fight to ensure CPS does not make unfounded conclusions that could separate you from your child.
Defending Against a Child Endangerment DUI
At Patrick Silva, Attorneys at Law, we know that good parents make mistakes. A DUI charge does not automatically mean you are unfit to raise your child. The prosecution may try to paint you as irresponsible or reckless. Still, the reality is that DUI cases—especially those involving child endangerment—are often built on flawed evidence, procedural errors, and subjective interpretations by law enforcement. We will aggressively challenge every aspect of the case to protect your rights and your future as a parent.
Here’s how we can fight back:
The accuracy of the breathalyzer test
Breathalyzer machines are not infallible. Many factors can lead to falsely high BAC readings, including improper calibration, residual mouth alcohol, medical conditions like acid reflux or diabetes, and even environmental contaminants in the air. We will examine the device’s maintenance records, the officer’s testing procedures, and whether external factors could have skewed the results.
The legality of the traffic stop
Police must have a valid reason—known as reasonable suspicion—to pull you over. If the officer stopped you without probable cause or failed to follow proper procedures, we can challenge the legality of the stop itself. Any evidence obtained during an unlawful stop may be inadmissible in court, which can significantly weaken the prosecution’s case against you.
The way law enforcement handled the case
DUI arrests must follow strict protocols. If law enforcement fails to read your Miranda rights, improperly administers field sobriety tests, or uses coercive tactics to obtain statements, we will expose these violations. In some cases, dashcam or bodycam footage may reveal inconsistencies between the officer’s report and what happened.
Whether your BAC was truly over the legal limit
BAC levels fluctuate over time. If you consumed alcohol shortly before driving, your BAC may have been below the legal limit while you were behind the wheel but rose afterward due to the way alcohol is absorbed into the bloodstream. Additionally, rising BAC, improper testing procedures, or a lack of correlation between your BAC and actual impairment could provide grounds to challenge the charge.
Each of these factors could mean the difference between a conviction and a dismissed or reduced charge. We will use every available legal strategy to fight for your freedom and ensure that a single allegation does not jeopardize your relationship with your child.
How Family Courts Determine Custody
Under California Family Code §3020, courts must act in the child’s best interests when making custody decisions. While a DUI with child endangerment is serious, it is not an automatic reason to lose custody. We will present strong evidence that you are a capable, responsible parent and fight to preserve your parental rights.
Steps to Protect Your Custody Rights After a DUI Charge
If you have been arrested for a child endangerment DUI, act quickly to protect yourself and your family. Here’s what you should do:
- Contact an experienced San Bernardino DUI defense attorney immediately
- Avoid making statements to law enforcement without legal counsel
- Comply with court orders while building a strong defense
- Consider proactive steps like parenting classes or alcohol counseling
Can a DUI Affect Future Custody Modifications?
Even if you retain custody after a DUI, your co-parent may attempt to modify your custody agreement in the future. A DUI conviction can be used as evidence against you, making it critical to fight the charge aggressively from the start. Don’t allow a bad mark on your record in the first place.
When Your Defense Matters Choose Patrick Silva, Attorneys at Law
We know what’s at stake in these cases—your freedom, your reputation, and most importantly, your family. At Patrick Silva, Attorneys at Law, our San Bernardino DUI attorneys take an aggressive and strategic approach to defending DUI and child endangerment cases. We understand California law inside and out and won’t back down when your parental rights are on the line.
Protect Your Parental Rights and Your Future
If you are facing a child endangerment DUI charge in San Bernardino, do not wait. Contact Patrick Silva, Attorneys at Law, at 909-500-4819 for a free consultation. We will stand by your side and fight for your rights; one mistake should not define your future as a parent.
