What are the penalties if I get a DUI when a child is in the car?

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Question:

What are the penalties if I get a DUI when a child is in the car?

Answer:

DUI penalties are always based on a wide variety of different things. Everything from the state where you live to the number of prior offenses can impact the penalties you face when you get a DUI. One other major thing that can impact your DUI penalties in most states is the presence of a child in the car when you are driving drunk. In essentially all jurisdictions, having a child in the car or engaging in  DUI Child Endangerment can act as an aggravating factor that makes your DUI penalties worse. 

As a general matter:

  • DUI can be charged as either a felony or a misdemeanor. Having a child in the car makes it more likely that you will be charged with a felony, especially if you also have prior offenses or there are other aggravating factors
  • DUI may result in jail time. Having a child in the car, or having a history of DUI or other aggravating factors, can result in a longer period of jail time. Usually, misdemeanor DUI's result in up to a year of jail time, while felony DUI's can result in much longer jail sentences, sometimes up to five years or more. 
  • DUI may result in large fines. Again, fines will be larger if you have a child in the car or other aggravating factors
  • Additional penalties may include the requirement to have an interlock system put on your car, community service, a requirement to attend a victim impact panel, drug counseling or other penalties at the discretion of the judge and based on the laws of your state

For help determining what penalties you may face based on the laws in your state, it is a good idea to speak with a lawyer. 

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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