DUI with Minor in Vehicle

kid in backseat of vehicle

Driving under the influence of drugs or alcohol is outlawed in all American states. Those caught doing so face severe criminal penalties that can range from community service to prison time. Repeat offenders and those whose DUI cases have aggravating factors are often prosecuted to the full extent of the law. Some common aggravating factors for a DUI include:

 

  • Having a minor in the vehicle

 

In the state of Florida, a minor in this context is anyone under the age of 18. If you are facing aggravated DUI charges, be sure to reach out to a local DUI lawyer. If you were arrested for DUI with a minor in the car, a prosecutor is more likely to ask for jail time and also report your case to the Department of Children and Family Services. DCF will then conduct an investigation to determine if you are a fit parent.  The Orlando DUI lawyers at The Umansky Law Firm have over 100 years of experience practicing criminal law and are aware of how the prosecution approaches aggravated DUI charges. We have the legal expertise needed to help settle your legal dispute on the most favorable terms.

Florida Penalties for DUI with Minor in Vehicle

A DUI can be either a misdemeanor or felony in Florida depending on the individual’s criminal history and specifics surrounding the incident. Florida Statute § 316.193(4) outlines the following penalties for a DUI with a minor in the vehicle:

  • First Conviction: Up to 2,000 in fines and up to nine months in jail
  • Second Conviction: Up to $4,000 in fines and up to 12 months in jail
  • Third DUI within 10 years, Fourth DUI or Subsequent DUI: Up to $5,000 in fines and up to five years in prison

In addition to these penalties, the court may order the installation of an ignition interlock device for to all vehicles leased, owned or operated by the convicted individual. The device can remain installed for at least six months for first-time offenders, no less than 1 year for a second conviction, and no less than 2 years for subsequent DUI convictions.

Child Endangerment Considerations

Prosecutors can introduce the offense of child endangerment whenever a minor is put in the line of danger as a direct result of a parent’s or guardian’s wrongdoings. Driving under the influence of drugs or alcohol with a child in the car is a prime example of child endangerment. Judges are much less lenient on offenders when child endangerment is associated with a DUI charge as they fear that leniency may further endanger the child in the future.

Experienced Orlando DUI Lawyers

The best way to defend yourself against such unfavorable odds is to have the legal assistance of an experienced DUI attorney. The Orlando DUI lawyers at The Umansky Law Firm boasts a team of criminal defense lawyers that consists of former state and local prosecutors. Everyone deserves a second chance. Get yours when you contact us today at 407-228-3838 for a free case evaluation.