Getting arrested for DUI is frightening. Getting arrested for DUI with your child in the car is a completely different level of stress, because you’re not only thinking about jail, your license, and your job—you’re also worried about how the case could affect your family.
In California, Vehicle Code 23572 (VC 23572) is the law that can add mandatory additional jail time if you’re convicted of DUI under VC 23152 and a minor under 14 years old was a passenger in the vehicle at the time. The enhancement does not replace the DUI charge—it increases the consequences if the DUI is proven and the enhancement applies.
Two key points matter right away. First, VC 23572 does not automatically mean you’re guilty of DUI. The prosecution still has to prove the underlying DUI charge, and many defenses focus on whether the stop, investigation, and testing evidence actually hold up. Second, VC 23572 cases are often fought on proof and leverage, because the difference between “enhancement applies” and “enhancement doesn’t apply” can dramatically change negotiations, sentencing exposure, and the overall direction of the case.
What Is VC 23572 (DUI With Child Under 14)?
Vehicle Code 23572 applies when two facts are present: you are convicted of a violation of VC 23152, and a minor under 14 years old was a passenger in the vehicle at the time of the offense. When those facts are established, the court is required to impose additional penalties on top of the normal DUI penalties, which is why these cases can feel instantly higher-stakes.
Prosecutors often treat VC 23572 cases more aggressively because they can frame the allegations as “endangering a child,” and that framing can influence charging posture, plea offers, and sentencing arguments even before a court ever imposes an enhancement.
This page and website provide general information in plain English, not legal advice. Laws and local court/DMV practices vary and can change, so don’t rely on this content for your case—talk to a qualified attorney promptly to review your specific facts, especially if you face charges, a DMV action, or a deadline. In many cases, you’re fighting two battles at once: the DMV process and the criminal court case.
Is VC 23572 a Separate Crime or an Enhancement?
VC 23572 is an additional punishment tied to a DUI conviction—it functions as a sentencing enhancement, not a stand-alone crime. In practical terms, that means it generally does not apply unless there is an underlying conviction for VC 23152, and the “child under 14 in the vehicle” fact must be properly alleged and proven.
Plain English: the prosecutor can’t simply say “there was a child” and automatically add jail time. The enhancement has to be pled and proven in the case. This also creates an important leverage point in defense strategy, because if the underlying charge is reduced to an offense that is not a VC 23152 conviction, the VC 23572 enhancement may not apply—though this is case-specific and depends on the charging and resolution details.
VC 23572 Penalties: Mandatory Jail Time by Prior DUI Count
VC 23572 lays out mandatory additional jail time depending on how the DUI is punished, which usually tracks prior DUI history. The statute requires added jail time on top of the other DUI penalties, including 48 continuous hours for a first-time DUI punished under the first-offense sentencing scheme, 10 days for a second-offense sentencing scheme, 30 days for a third-offense sentencing scheme, and 90 days when the DUI is punished as a misdemeanor under the fourth-or-more framework.
The statute also states that no part of the enhancement may be stayed, which is why the “enhancement applies” question can have immediate real-world consequences. That’s also why these cases need to be fought intelligently—both on whether the DUI itself can be proven and on whether the enhancement was properly alleged and actually applies to the facts.
What the Prosecutor Must Prove (Pled and Proven)
VC 23572 requires that the fact of driving a vehicle with a minor under 14 as a passenger “shall be pled and proven.” In practical terms, that means the enhancement doesn’t apply automatically—the prosecution has to properly allege it and then prove it with real evidence.
In many cases, the dispute turns on proof details that sound simple but matter a lot. Was the child actually in the vehicle at the time of driving, as opposed to arriving later or being nearby? Can the prosecution prove the child’s age is under 14 with reliable documentation? Are there factual disputes about who was driving, when the driving occurred, and where the vehicle was actually being operated? These are all issues that can become leverage points when the evidence is incomplete or inconsistent.
Just as important, VC 23572 still depends on the underlying DUI conviction under VC 23152. So the defense continues to focus heavily on the DUI proof itself—stop legality, the DUI investigation, field sobriety tests, and the reliability of breath or blood testing—because if the state can’t prove the DUI, the enhancement has nothing to attach to.
Can You Also Be Charged With Child Endangerment?
Sometimes prosecutors file separate charges in addition to the DUI enhancement, and one commonly discussed risk is Penal Code 273a (child endangerment). Whether that happens is case-specific and can depend on the facts, the county, and the prosecutor’s charging strategy.
VC 23572 includes an important limitation: it states that no VC 23572 punishment enhancement shall be imposed if the person is also convicted of PC 273a arising out of the same facts and incident. In plain English, that means the prosecution may pursue either an enhancement theory under VC 23572 or a separate child endangerment conviction under PC 273a depending on how they frame the case, and the defense strategy needs to be careful because certain negotiation paths can unintentionally increase exposure.
This is one reason these cases should be handled by an attorney who understands DUI sentencing structure and how prosecutors leverage child-passenger facts when deciding what to charge and what to demand in negotiations.
Common Evidence in DUI With Child Passenger Cases
DUI cases involving a child passenger often generate more documentation than a standard DUI, in part because officers and prosecutors tend to emphasize the “child in the car” factor from the beginning. The file usually includes the officer’s report, which may highlight the child’s presence and attempt to frame it as an aggravating circumstance, along with bodycam and dashcam footage that can be critical in confirming—or contradicting—what the report claims. Depending on what happened during the stop, the evidence may also include field sobriety tests, breath testing results and/or blood testing results, and any statements or admissions attributed to the driver, such as “I had one drink” or “I’m fine.”
These cases also typically include proof related to the child component of the enhancement. That can involve documentation or claims about the child’s age, statements from parents or other witnesses, and witness accounts from passengers, other drivers, or family members. On top of the criminal file, there is often DMV paperwork as well, including an APS notice and suspension-related documents that can create separate deadlines and consequences.
Because the stakes are higher, an effective defense team usually demands the complete evidence packet early—especially all video, full breath and blood testing records, and all documentation the state relies on to support the “child under 14” allegation.
Defenses That Can Reduce or Beat a VC 23572 Enhancement
A strong VC 23572 defense is usually built on two tracks: first, attacking the underlying DUI, and second, attacking whether the enhancement can actually be proven and imposed. Because the enhancement can add mandatory time, the strategy is often both evidence-focused and outcome-focused from the start.
Fight the DUI First (VC 23152)
VC 23572 depends on a DUI conviction under VC 23152, so the core DUI defenses still matter. The defense may challenge whether the stop was legal and supported by reasonable suspicion, whether the investigation was weak or biased, and whether field sobriety tests were reliable under the conditions. Testing evidence is also scrutinized closely: breath testing can be challenged based on maintenance, procedure, and timing, and blood testing can be challenged on chain of custody, contamination or fermentation risk, and lab procedure and documentation. In many cases, the defense also highlights alternative explanations for what the officer labeled as “impairment,” such as fatigue, stress, or medical issues that can mimic DUI cues.
Challenge Whether the Enhancement Facts Are Provable
Because the “child under 14 passenger” fact must be pled and proven, proof becomes a major battleground. A defense may dispute whether the child was actually a passenger at the relevant time, challenge identification or age proof, and highlight inconsistencies between the officer’s narrative and the video. These cases can also involve evidence gaps—especially if the child was not present when the officer arrived or if the prosecution is relying on assumptions rather than direct proof about who was in the vehicle and when.
Strategy: Reduce the DUI Charge Where Appropriate
In some cases, strategy focuses on resolving the case in a way that avoids a VC 23152 conviction, depending on the facts and what is realistically defensible. Because VC 23572 attaches to a 23152 conviction, the ultimate charge outcome can be decisive. This is case-specific, but it’s one reason why a careful review of the evidence early can change the negotiation landscape.
Human Story + Mitigation (Without Admitting Guilt)
When a child is involved, prosecutors and courts often react emotionally, and that reality can influence how cases are charged and negotiated. A defense strategy may include mitigation planning without admitting guilt—such as establishing a safe childcare plan moving forward, completing alcohol education steps where appropriate, and taking proactive measures that show responsibility and stability. Mitigation does not replace legal defenses, but it can influence how a case resolves, particularly when the evidence is close or the prosecution’s narrative is aggressive.
DMV License Consequences After a DUI Arrest With a Child
Even if the court case will take months, your driver’s license can be affected quickly through the DMV’s Administrative Per Se (APS) process after a DUI arrest. The DMV process moves on its own track, and the deadlines are often short, which is why people sometimes lose driving privileges before they ever get a first meaningful court hearing.
California DMV guidance explains you generally must request a DMV hearing within 10 days of receiving notice (or 14 days from the date of the notice if it was mailed) or you may lose hearing rights. That’s why DUI defense is often a two-front battle: protecting your driving privileges early through the DMV process, while also fighting the DUI charge and the VC 23572 enhancement in court.
What to Do Immediately After Arrest
If you or a loved one is facing DUI with a child passenger allegations, early action matters. Speaking with a DUI defense lawyer immediately can help protect you against mandatory jail exposure if VC 23572 is ultimately imposed and can also prevent missed deadlines that create avoidable license problems.
Just as important, handle DMV deadlines ASAP. The hearing request timing can be short, and preserving the right to challenge the suspension is often the first practical step toward staying on the road while the case is pending. Preserve evidence early by saving all paperwork (including the pink slip and notices), tow documents, receipts and timeline details, witness names and contact information, and any relevant messages that help establish what happened and when.
Avoid discussing details on the phone or in writing. Statements can be used against you, and these cases can turn on wording and timing, so it’s best to let your attorney guide communications. Finally, write down your timeline while it’s still fresh—what you ate or drank, when you drove, where you were stopped, what was said, and when any tests occurred—because memory fades and timelines often become a key dispute later.
VC 23572 FAQs
Is DUI with a child in the car automatically a felony?
Not automatically. VC 23572 is an enhancement that adds jail time to a DUI conviction, and DUI cases can be filed as misdemeanors or felonies depending on facts and history. The correct answer depends on your record and the incident details.
What age triggers VC 23572?
The statute applies when a minor under 14 years of age was a passenger.
Does VC 23572 apply if the DUI charge is reduced?
VC 23572 is tied to conviction of VC 23152.
Whether it applies depends on the final conviction and the facts—this is a key strategy issue.
Can the prosecutor also file child endangerment?
In some cases, prosecutors may file separate charges. VC 23572 states the enhancement is not imposed if there is also a conviction for PC 273a arising out of the same facts and incident.
This makes early case strategy extremely important.
How much extra jail time is added?
The statute lists enhancements ranging from 48 continuous hours (first-offense sentencing scheme) up to 90 days (certain fourth-or-more misdemeanor sentencing scheme).