When you are charged with a DUI, the severity of your sentencing and whether you will be charged with a felony or a misdemeanor will be based on aggravating factors. One example of an aggravating factor is when you are charged with a DUI with a minor present. This is often considered a violation of a child endangerment law.
Child Endangerment Laws
One of the characteristics of child endangerment law is that you may not place your child in a situation where they will be more likely to suffer harm as a result of your actions. A DUI charge is much more likely to become a felony if you are in violation of child endangerment laws. This is a situation in which you will definitely need help from a DUI attorney.
Another major concern with a case involving child endangerment is that your child may be placed in the custody of the state until your case has been resolved. You may also potentially face the long-term loss of custody of your child. At the very least, the incident might provoke an investigation by Child Protective Services, and you might be monitored.
Child Endangerment as a DUI Aggravating Factor
When you have been charged with a DUI while a minor is in your car, the presence of the minor can lead to a longer prison sentence, and your license will be suspended for longer.
Also, if your plan is to negotiate a plea deal, you might not receive a very good bargain if you had a minor in the car while you were driving under the influence. Therefore, you will need help from an experienced DUI lawyer.
How to Defend Against a DUI Case Involving a Minor
There are many ways to win a DUI case even with a minor involved. For one, you can successfully dispute whether you were even driving under the influence of alcohol. For example, you may be able to argue that the breathalyzer was not properly calibrated and that your BAC didn't exceed the legal limit.
You might also be able to argue that your rights were violated. For example, you have the right to speak to an attorney and to receive an independent blood test shortly after your arrest, and failing to provide this can lead to your charges being dropped. Regardless of the circumstances of your arrest, you have the right to a legal defense.
Share25 October 2021
I was blessed to have grown up in a home with loving supportive parents. They both worked extremely hard in order for me and my sister to enjoy a better life than they had. Financially, they bought me a new car when I was sixteen. They also paid for my college expenses. Many parents do the same for their kids. They want to provide for them in the present while safeguarding their futures. One way parents can invest in their kids’ futures is by placing money in trusts that their children can utilize when they reach a certain age. A reputable attorney can establish beneficial trusts for your kids. On this blog, you will learn about the benefits of consulting with an attorney about setting up trusts for your children.