The allegation is threatening but you must defend yourself...
Most states today have some form of child endangerment law that imposes extra punishment on DUI offenders who have minors in the car at the same time. These laws either enhance the existing DUI penalties or make it a separate offense to transport a minor while driving under the influence.
California law does both.
If minor passenger is under 14 years old, California DUI penalties and child endangerment laws can enhance existing DUI penalties by 48 hours in jail for a first offense DUI and up to 90 days in jail for subsequent offenses.
In addition, a DUI offender with a minor passenger could also be convicted of a separate child endangerment charge punishable by imprisonment in county jail for up to one year or state prison up to six years.
Police, prosecutors and judges tend to be more harsh on DUI offenders when they get stopped with a minor child in the vehicle.
Nevertheless, our DUI defense attorneys have achieved a great deal of success in getting even these cases reduced or dismissed...often because the prosecutor has difficulty proving that the driver was actually intoxicated.