Protecting Your Freedom, Your Rights, and Your Family
If you or a loved one has been arrested or charged with DUI with a child in the vehicle in Inglewood, California, you are facing some of the most serious criminal charges possible—charges that threaten not only your freedom and your driver’s license, but also your parental rights, your custody arrangements, and your family’s future. A DUI with child endangerment conviction carries mandatory jail time that cannot be reduced, enhanced criminal penalties, Child Protective Services (CPS) investigation, potential loss of custody, and a permanent criminal record that brands you as someone who endangered a child.
At Tu Defensor Criminalista, we understand that these cases often involve parents who made a terrible mistake in judgment, misjudged their level of impairment, or are facing exaggerated or false allegations. Many of our clients are loving, devoted parents who would never intentionally harm their children but now face the nightmare of criminal charges combined with CPS investigations that could result in losing their children. Whether you’re charged with a DUI enhancement under Vehicle Code 23572 or a separate felony child endangerment charge under Penal Code 273a, our experienced criminal defense team is here to provide aggressive representation to protect your freedom, your parental rights, and your family.
Inglewood, with a population of approximately 102,774 residents according to the U.S. Census Bureau[1], is a family-oriented community where 19.4% of the population is under 18 years old—approximately 19,000-21,000 children. According to demographic data[2], 40% of Inglewood families have children under 18, making these charges particularly common and devastating for local families.
According to Los Angeles County Depar[3]t[3]ment of Public Health data[3], there were 17,780 DUI arrests in Los Angeles County in 2020, with a significant portion involving child passengers that triggered mandatory reports to the Los Angeles County Department of Children and Family Services (DCFS)[4]. When law enforcement arrests someone for DUI with a child in the vehicle, they are required by law to notify CPS, automatically triggering an investigation that can result in emergency child removal, loss of custody, or court-ordered supervision.
With so much at stake—your freedom, your children, your parental rights—you need an attorney who understands both the criminal DUI laws and the child welfare system, and who can fight aggressively on both fronts. At Tu Defensor Criminalista, we provide bilingual (English and Spanish) DUI defense and family protection representation throughout Inglewood and all of Los Angeles County.
Contact us today for a free, confidential consultation. We are available 24/7 to answer your questions and begin protecting your family.
Understanding California’s DUI with Child Endangerment Laws
Vehicle Code Section 23572 – DUI Enhancement for Child Under 14
VC 23572 is a sentencing enhancement that adds mandatory minimum jail time to any DUI conviction when a child under 14 years old was a passenger in the vehicle.
Key Points:
NOT a separate crime—it’s an enhancement added to DUI charges
Applies to ANY DUI (VC 23152(a) or (b))
Mandatory jail time CANNOT be suspended or probated
Judge has NO discretion to reduce or waive the mandatory jail
Mandatory Additional Jail Time:
First DUI Offense + Child Under 14:
Additional 48 hours mandatory jail (on top of standard DUI penalties)
Second DUI Offense + Child Under 14:
Additional 10 days mandatory jail
Third DUI Offense + Child Under 14:
Additional 30 days mandatory jail
Fourth or Subsequent DUI + Child Under 14:
Additional 90 days mandatory jail
These jail sentences are CONSECUTIVE—added on top of base DUI penalties and cannot be avoided.
Penal Code Section 273a – Child Endangerment
In addition to (or instead of) the VC 23572 enhancement, prosecutors often file separate criminal charges for child endangerment under Penal Code 273a.
PC 273a makes it a crime to:
Willfully cause or permit a child to suffer unjustifiable physical pain or mental suffering
OR willfully cause or permit a child to be placed in a situation where their health or safety is endangered
Two Versions:
PC 273a(a) – Felony Child Endangerment:
When conduct is likely to produce great bodily harm or death
Most DUI with child cases charged under this section
Penalties:
2, 4, or 6 years in state prison
Substantial fines
Formal probation
Mandatory child abuse treatment program
Possible “strike” under Three Strikes Law
PC 273a(b) – Misdemeanor Child Endangerment:
When conduct is less likely to cause great bodily harm
Rarely charged in DUI cases
Penalties:
Up to 1 year in county jail
Fine up to $1,000
Probation
Child abuse treatment program
Prosecutors Have Discretion: Whether you’re charged with the enhancement only, child endangerment only, or BOTH depends on:
District Attorney’s office policies
Severity of circumstances
Your criminal history
Child’s age
BAC level
Manner of driving
Whether accident or injuries occurred
Total Potential Penalties
Example: First-Time DUI with Child Under 14:
Base DUI Penalties (VC 23152):
Up to 6 months jail
$1,800-$2,800+ in fines
3-5 years probation
3-9 month DUI program
4-6 month license suspension
SR-22 insurance
Ignition Interlock Device
PLUS VC 23572 Enhancement:
Additional mandatory 48 hours jail (CANNOT be avoided)
PLUS Possible PC 273a Charge:
If charged as felony: 2-6 years state prison
If charged as misdemeanor: Up to 1 year jail
Additional fines and fees
Child abuse treatment program
PLUS CPS/DCFS Investigation:
Potential emergency child removal
Ongoing supervision
Court-ordered services
Possible loss of custody
You could be facing YEARS in prison, mandatory jail, loss of children, and permanent record as child abuser.
California law requires police to report DUI arrests involving children to CPS/DCFS.
According to UCLA Law research on LA County[5], there is close collaboration between law enforcement and DCFS, with immediate referrals in child endangerment cases.
What Happens After Arrest
Immediate:
Police notify DCFS
DCFS screens case (usually accepts for investigation)
Emergency response may occur same day
Child may be placed with relative or in foster care
Within 24-72 Hours:
DCFS social worker assigned
Home visit (often unannounced)
Investigation begins
DCFS Investigation Process
Social Worker Will:
Interview parent(s)/guardian(s)
Interview child (if old enough)
Inspect home environment
Review police reports and criminal case
Interview family members, neighbors, teachers
Assess safety and risk factors
Factors DCFS Evaluates:
Severity of DUI (BAC level, manner of driving)
Child’s age
Whether child was harmed or traumatized
Parent’s history of substance abuse
Prior CPS involvement
Other children in home
Support system and resources
Parent’s willingness to participate in services
Possible DCFS Outcomes
Case Closed:
If incident appears isolated
Strong support system in place
Child deemed safe
Parent cooperative and remorseful
Voluntary Family Maintenance (VFM):
Child remains with parent
Parent agrees to services:
Alcohol/drug treatment
Parenting classes
Random drug testing
Therapy/counseling
Regular DCFS monitoring
Lasts 6-12 months typically
Detention and Dependency Court:
If child deemed at risk
Child removed from custody (temporarily or long-term)
Case filed in Juvenile Dependency Court
Court hearings to determine custody
Reunification services ordered
Parent must comply to regain custody
Termination of Parental Rights (Worst Case):
If parent fails reunification services
If ongoing danger to child
Results in permanent loss of parental rights
Child adopted or placed in guardianship
DCFS Statistics
According to DCFS data and fact sheets[4], Los Angeles County has 30,000-40,000 children in the child welfare system at any time, with “neglect” (including child endangerment) accounting for the largest category of substantiated referrals.
Defending Against DUI with Child Endangerment Charges
At Tu Defensor Criminalista, we fight on two fronts simultaneously: defending the criminal case AND protecting your parental rights.
Criminal Defense Strategies
1. Challenge the Underlying DUI:
If we defeat the DUI charge, the enhancement and child endangerment charges fall apart.
Common DUI Defenses:
Illegal traffic stop (Fourth Amendment violation)
No probable cause for arrest
Breathalyzer errors and Title 17 violations
Blood test contamination or chain of custody issues
Rising blood alcohol (BAC below 0.08% while driving)
Not under the influence despite BAC
Medical conditions mimicking intoxication
No Miranda warnings (suppressing statements)
If DUI dismissed, enhancement and child endangerment charges typically dismissed as well.
2. Challenge the Child’s Presence:
Prosecution must prove child under 14 was in vehicle.
Possible challenges:
Child not actually in car
Child over 14 years old
Mistaken age (appeared under 14 but wasn’t)
Child entered car after stop (not during driving)
3. Challenge “Willfulness” for PC 273a:
Child endangerment requires you “willfully” endangered child.
19.4% under 18 years old (~19,000-21,000 children)
40% of families have children under 18
2.7-3.0 persons per household
48.7% speak language other than English at home
28.7% foreign-born
Predominantly Black (39-40%) and Hispanic (49-55%)
Implications:
Many families with children at risk for these charges
Language barriers in police interactions and CPS investigations
Cultural differences affecting parenting norms
Immigration consequences critical for large foreign-born population
We provide culturally sensitive, bilingual representation understanding community dynamics.
Inglewood Courthouse
Inglewood Courthouse [6]1 Regent Street, Inglewood, CA 90301
Our Experience:
Regular appearances at Inglewood Courthouse
Knowledge of judges handling DUI and dependency cases
Relationships with prosecutors
Understanding of local procedures
Frequently Asked Questions
Will I lose my children?
Not automatically. Many parents retain custody through voluntary services. Emergency removal happens in severe cases or if ongoing risk. We fight to keep your children home and coordinate CPS response.
Can I avoid mandatory jail time?
The VC 23572 enhancement mandates jail that cannot be avoided if convicted. However, we can fight to defeat the charges entirely, negotiate dismissal of enhancement, or seek alternative sentencing for PC 273a charge.
What if my child wasn’t harmed?
Child doesn’t need to be physically harmed for charges. Simply having child in car during DUI constitutes endangerment. However, lack of harm is strong mitigating factor we present.
Can CPS take my child immediately?
Yes, if they deem immediate danger. More commonly, they allow child to remain home with safety plan while investigation proceeds. We work to prevent removal.
What if this was my first DUI ever?
First-time offenders often receive more leniency, but child endangerment makes it serious. We emphasize isolated incident, strong parental history, and rehabilitation.
Will I go to prison?
For first-time DUI with child, prison unlikely—but mandatory 48 hours jail plus possible additional jail for PC 273a. For felony PC 273a, prison possible (2-6 years). We fight for probation.
Q: What should I do right now?
1. Contact Tu Defensor Criminalista immediately: (888) 315-3326 2. Request DMV hearing within 10 days (we handle this) 3. Enroll in alcohol treatment NOW (shows responsibility) 4. Enroll in parenting classes 5. Do NOT discuss case except with attorney 6. Cooperate with CPS (with attorney guidance) 7. Document all services you complete
Why Choose Tu Defensor Criminalista?
1. Dual Expertise: Criminal Defense + Family Protection
Experience with both DUI defense and CPS/DCFS cases
Coordinate defense on both fronts
Protect your freedom AND your children
2. Aggressive DUI Defense
Challenge stops, tests, and arrests
DMV hearing representation
Scientific defenses
Negotiate charge reductions
3. CPS/DCFS Navigation
Guide you through investigation
Protect parental rights
Coordinate services
Represent in dependency court if needed
4. Bilingual Services (English and Spanish)
Hablamos Español. Critical for Inglewood where nearly half speak Spanish:
Full services in Spanish
CPS interviews in Spanish
Court interpretation
Cultural understanding
5. Immigration Protection
Analyze immigration consequences
Structure defense to minimize deportation risk
Coordinate with immigration attorneys
6. Local Courthouse Knowledge
Inglewood Courthouse experience
Know judges and prosecutors
Understanding facilitates negotiations
7. Immediate Action
Available 24/7: (888) 315-3326
Emergency consultations
Quick response critical for CPS cases
8. Free Confidential Consultations
Case review
Strategy discussion
CPS guidance
Take Action Immediately
DUI with child endangerment demands immediate action. CPS may already be investigating, and criminal charges are mounting.
Your Family’s Future Depends on Experienced Representation
LA County Department of Children and Family Services – Data and Fact Sheets https://dcfs.lacounty.gov/resources/data-and-monthly-fact-sheets/[4]
LA County Department of Public Health – Alcohol and Other Drug Surveillance https://lacountydphsapc.inzatastories.com/[3]
LA County Superior Court – Inglewood Courthouse https://www.lacourt.org/Courthouse/info/ING[6]
UCLA Law – Collaboration Between Law Enforcement and Child Protective Services https://law.ucla.edu/news/criminal-justice-program-report-illuminates-collaboration-between-law-enforcement-and-child-protective-services-la-county[5]
U.S. Census Bureau – Inglewood QuickFacts https://www.census.gov/quickfacts/fact/table/inglewoodcitycalifornia/PST045224[1]
Attorney Armando Josué Cespedes is rated 5.0 on Avvo, with 34 five-star reviews from clients praising his dedication, professionalism, and results. Many note how his trial skills and attention to detail led to reduced charges or outright dismissals.
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