Getting a DUI with a Minor Passenger in the Car

A DUI charge is always serious. However, certain aggravating circumstances can make matters even worse for the driver. One of these circumstances is having a child in the car at the time of the offense. This article covers how having a child passenger can affect the penalties and consequences of a DUI arrest and conviction.

Criminal Penalties for a DUI With a Child in the Car

For obvious reasons, a DUI is considered a more serious offense when there are child passengers. There are several ways having a child passenger can affect DUI sentencing.

State DUI Laws Often Mandate Enhanced Fines and Jail Time for Child Passengers

The DUI laws of many states include provisions that impose additional penalties for offenses that involve child passengers. The DUI laws of each state provide the penalty ranges for a DUI conviction. These ranges are generally structured around how many prior convictions the offender has. Enhancements for minor passengers typically increase the possible penalty ranges or mandate certain minimum penalties that are more severe than they otherwise would be.

For example, in Hawaii, DUIs involving child passengers under the age of 15 carry a $500 fine and 48 hours in jail in addition to the normal DUI penalties. And, in New York, a first DWI is normally considered a misdemeanor and carries a maximum of one year in jail, $500 to $1,000 in fines, and a six-month license revocation. However, a first New York DWI with a child passenger is a felony and carries one to four years in prison, $1,000 to $5,000 in fines, and a one-year license revocation.

Judges and Prosecutors will Likely be Harsher With Penalties When a DUI Involves a Child in the Car

But even in states that don't have child-passenger enhancements written into the law, this factor can lead to more severe consequences for a DUI conviction. As noted above, state DUI laws provide penalty ranges for DUI convictions. When a DUI involves aggravating factors such as child passengers, prosecutors in plea bargaining and judges in sentences are much less likely to be lenient. The end result is a higher probability that the offender's sentence will be at the upper end of the penalty range.

Criminal Charges for Child Endangerment for DUIs With Children in the Car

All states have child endangerment laws that make it illegal for a parent or responsible adult to knowingly (or negligently) put a child in serious danger. Generally, driving drunk with a child in the car is going to fall under this definition. So, in some cases, a DUI offender who had a child in the car will face child endangerment charges in addition to DUI charges. If the driver is ultimately convicted of both charges, he or she can face separate penalties for each conviction.

Child endangerment charges generally carry fines and potential jail time.

Getting a DUI With a Child in the Car Can Lead to CPS Investigations

When a parent is arrested for a DUI with a child in the car, chances are the arresting officer is going to contact child protective services (CPS). Depending on the situation, CPS involvement can lead to the loss of custody or the parent having to participate in certain services or monitoring for some time.