Orange County DUI Lawyer Blog
Driving under the influence with a child under the age of 14 can result in a punishment enhancement and may also result in child endangerment charges. But there are other potential consequences to this offense of which most people are unaware. Among those potential consequences is being added to the Child Abuse Central Index (CACI). Most people are unaware of the database unless they find themselves added to it.
First an explanation of what CACI is. CACI is a database maintained by the California Department of Justice. It contains records of individuals who have been reported and investigated for child abuse or neglect in the state of California. The CACI is a confidential database but can be shared with certain agencies such as law enforcement, child protective services, and organizations that conduct background checks for positions involving children. Even most volunteer organizations that include children as clients will check the CACI data base on an individual who applies to volunteer with that organization. It is important to note that being added to the CACI database does not require a conviction of child abuse but only a substantiated report of “severe neglect” of the child.
A conviction for driving under the influence with a child under the age of 14, and especially if that conviction included a child endangerment offense, may result in that driver being added to the CACI database. Why? Because driving under the influence with a child in the car may be considered severe neglect. The term “severe neglect” is defined by the law under which the CACI database is regulated as a situation where a person having the care and custody of a child willfully causes or allows the person or health of the child to be put in a situation where that child’s health is endangered. (Penal Code Section 11165.2, subd. (a).) Driving while under the influence with a child in the car is considered criminal negligence, even if the driver believes he or she is able to drive safely while under the influence and is therefore willful conduct. That is, if the conduct was reckless or deviated from what an objective and reasonable person would consider safe making the conduct is criminally negligent and therefore willful under the eyes of the law.
While an individual who has been added to the CACI database can challenge inclusion in the database, the challenges are limited to challenging inaccuracies or discrepancies or evidence of innocence. Thus, someone who has already been convicted of driving under the influence with a child under the age of 14 in the car cannot challenge inclusion in the CACI database. That is because the conviction establishes the fact as true, whether the driver contests it or not.
Including an individual on the CACI database can occur even if the DUI aggravating circumstance (i.e., having a child under 14 in the car) or child endangerment charges were dismissed. That is because CACI is not subject to the same due process laws as criminal charges are. If there is no conviction on the aggravating circumstance or on child endangerment, the challenge to CACI inclusion may be made on grounds that the evidence was insufficient or not legally substantiated.
There are many unanticipated consequences to a DUI besides just the offense of driving under the influence. This post discusses only one of them. If you have been arrested for DUI, it is important to consult an experienced DUI defense attorney right away.
Orange County DUI defense attorney William Weinberg has defended drivers arrested and accused of driving under the influence for over 30 years. He is available for a complimentary consultation where he will review your specific case and offer you his best assessment of your defenses. You may contact him at his Irvine office at 949-474-8008, or by filling out this online form.