DUI and Child Endangerment Laws

Driving under the influence with a child passenger has more severe penalties than a standard DUI. In some states, a DUI with a child passenger is a felony. Drivers convicted of a DUI with a minor in the vehicle can face jail time, fines, and a criminal record. There are more serious consequences if a child suffers an injury in a DUI accident.

Before pleading guilty to a DUI with a minor in the car, talk to a DUI lawyer for legal advice. Your lawyer can challenge the arrest or blood tests to show you were not over the limit. Protect your reputation and contact a local DUI law attorney after a drunk driving arrest.

What Is Criminal Child Endangerment?

Child endangerment involves putting a child in danger. This includes conditions likely to produce bodily harm or death. It also includes allowing a child to be in a situation where their health or safety is in danger.

Drunk driving or driving while impaired by drugs increases the risk of an accident. Driving under the influence (DUI) with a child passenger puts the child at risk of injury or death. State laws make it a crime to drive a motor vehicle with a minor passenger in it while impaired.

The age of a minor for DUI child endangerment charges varies by state. In some states, it’s a crime to drive with a minor under the age of 14. In other states, child endangerment includes children under the age of 18. Talk to a local DUI attorney to find out about the DUI laws in your state.

What Is the Legal Limit for Alcohol if a Minor Is in the Car?

The legal limit is the same for drivers with and without a child in the car. But there are more serious penalties if you’re arrested for driving while impaired (DWI) with a child in the vehicle. In all states but Utah, the legal limit for most drivers is 0.08% blood alcohol content (BAC).

Child endangerment DUI with a high blood alcohol level may also have more severe penalties. State DUI laws generally have increased penalties for a high BAC level of 0.15% or higher.

What Are the Penalties for a DUI With a Minor in the Car?

The penalties for a DUI with a minor in the vehicle are more serious than a standard DUI. Depending on the state, there may be enhanced penalties for a DUI with a minor passenger. In other states, drivers may face separate criminal offenses for DUI and child endangerment.

DUI penalties for a first-time misdemeanor can include:

• Mandatory minimum jail time
• Minimum fines and fees
• Driver’s license suspension
• DUI school
• Community service
• Ignition interlock device (IID)
• Probation

A second offense or third offense has more severe penalties. A DUI with a child can be a misdemeanor or a felony charge. In some states, an aggravated DUI with children in the car is a felony. Penalty enhancements for DUI child endangerment can include:

• Additional jail sentence
• Additional fines
• Upgrade to felony DUI
• Aggravated DUI charges
• Additional IID restrictions

For example, in Washington, a DUI with a child passenger adds another fine, 12 months of IID restrictions, and 24 hours of imprisonment for each minor passenger.

After a felony conviction, you may face other consequences. Finding housing, getting a job, or getting public assistance for felons is more difficult. In some states, felons can’t purchase or own a gun. If you’re facing felony child endangerment charges, contact a DUI defense lawyer.

Can I Lose Custody of My Child if I Get a DUI With Them in the Car?

A child endangerment conviction can impact your parenting rights. The family court weighs several factors to determine child custody and visitation in a custody dispute. Courts decide custody based on the best interests of the child. A child endangerment arrest could hurt your child custody case.

What Should I Do if I’m Pulled Over for a DUI With a Minor in the Car?

You may not have many options after getting pulled over for a DUI. If the law enforcement officer has probable cause to believe you are driving drunk, you will be arrested. However, you have the right to remain silent and to legal representation. Don’t say anything that might incriminate you. Ask for your criminal defense attorney after a DUI arrest.

Your DUI defense lawyer can explain your options and give you important legal advice. Your lawyer can negotiate with the prosecutor for deferred judgment or a DUI diversion program. This can help you avoid a criminal record. Your DUI lawyer can also challenge the breath test results or an unlawful traffic stop. If you’re facing drunk driving charges, contact a DUI defense attorney.