Operating a motor vehicle while impaired is a much more serious charge when a child passenger is in the vehicle. It’s no exaggeration to say that a driving under the influence (DUI) charge with a child in the car has the potential to haunt you for years to come. That would be a blessing compared to what might happen in a drunk driving accident due to your impairment. If you’ve been doing any drinking or drugs at all, think long and hard before deciding you’re okay to drive.
Driving under the influence of drugs or alcohol has many names. Further, DUI/DWI/OUI/OWI penalties differ between states. But in every state, penalties for a DUI conviction are stiff to begin with. A license suspension and jail time are often mandatory even for a first offense, which is usually charged as a misdemeanor. If you’re facing DUI charges with children in the car as well, you’re likely to face at least gross misdemeanor charges. Prepare for enhanced penalties that can include: 1) Increased mandatory jail time/prison sentence, 2) Child endangerment charges, 3) Driver’s license suspension or revocation, 4) Felony charges (even for a first offense), 5) Sentencing enhancements and/or 6) Meeting with Child Protective Services (CPS) for violation of child endangerment laws
In addition to enhanced DUI penalties, driving while impaired with a child or children in your motor vehicle opens you up to child abuse and child neglect charges. It doesn’t matter if a minor passenger is injured by your actions or not. By ignoring your blood alcohol concentration (BAC) and putting them in a position fraught with peril and potential harm, you’re engaging in child endangerment.
The repercussions could be dire. Under the California penal code, for example, child endangerment is a wobbler offense. This means you could face either misdemeanor or felony charges and multiple years in state prison. Expect even more severe penalties if it’s your second offense or third offense, or someone is injured. At that point, it’s an aggravated DUI in most states, which is a felony charge.
You should be prepared to lose a lot of things after a DUI arrest with a child in your vehicle. Your driver’s license is one. It’s also much less likely the state will offer you a first-time offender diversion program. Your children may have to visit you in either jail or prison, or occasionally, not at all.
If you’re involved in a custody arrangement, your DUI conviction could have a serious effect on your parenting rights. The agency handling child protective services in your state has the authority to alter or suspend your parenting time. Termination is a possibility. Your entire life can collapse over doing something you knew was a terrible idea.
If you or a loved one is in a bind as a result of a criminal charge, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So, it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.