California Vehicle Code 23572 states “If any person is convicted of a violation of (the drunk driving laws) and a minor under 14 years of age was a passenger in the vehicle at the time of the offense, the court shall impose the following penalties in addition to any other penalty prescribed”:
- 1st Offense is 48 Hours in custody
- 2nd Offense is 10 Days in custody
- 3rd Offense is 30 Days in custody
- 4th Offense is 90 Days in custody
These penalties for a first, second, third and fourth offense within a 10 year period are imposed in addition to the standard adult DUI penalties imposed for a drunk driving conviction. This DUI penalty enhancement is not eligible to be stayed nor is imposition of the minimum jail sentence at the discretion of the judge which means it must be served.
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