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DUI with Child Passenger

Driving under the influence (DUI) of drugs or alcohol is a criminal offense in Florida. However, if a minor is present during the offense, your penalties may be enhanced. You may be forced to pay larger fines and serve a lengthened jail or prison sentence. Florida implements these harsh consequences to discourage citizens from putting their children at risk.

Judges and jurors take any crime involving children seriously. The statutory penalties are severe, and you may face collateral consequences in your career. It’s crucial that you’re ready for whatever the prosecution may throw at you. If you or someone you know has been charged with a DUI involving a minor, it’s imperative that you contact a defense attorney.

Attorney for DUI Child Endangerment in Brevard County, Florida

Florida has applied enhanced penalties for driving under the influence with a child. You could face large fines, DUI school, community service, and even a longer jail or prison sentence. With so much at stake, it’s important that you retain legal counsel immediately.

The attorney at Law Offices of Bryan J. McCarthy are skilled at defending those charged with an aggravated DUI. We have had years of experience practicing in the Florida criminal courts. There’s no battle that’s too big for us. Contact the attorney at Law Offices of Bryan J. McCarthy today to speak with a seasoned attorney.

Law Offices of Bryan J. McCarthy practices law throughout the greater Brevard County area and surrounding counties including Volusia County and Indian River County.

Call us today at (321) 248-7742 to schedule a free consultation.

Overview of DUI with Child Passenger

  • Florida Penalties for a DUI with a Child
  • What is an Ignition Interlock Device?
  • Automatic Driver’s License Suspension
  • Additional Resources

Florida Penalties for DUI with Child in Car

Florida law has harsh penalties for those convicted of a DUI with a child passenger. Florida Statute § 316.193 outlines the following penalties for a child endangerment DUI.

First Offense

  • Fine between $1,000 and $2,000;
  • Up to nine months in jail;
  • Up to 50 hours of community service;
  • License suspension for up to 6 months;
  • Vehicle impoundment for up to 10 days;
  • Required classes in DUI school; and
  • Mandatory installation of an ignition interlock device for up to 6 months.

Second Offense

  • Fine between $2,000 and $4,000;
  • Up to 12 months in jail;
  • Up to 50 hours of community service;
  • License suspension for up to 12 months;
  • 30-day vehicle impoundment;
  • Attendance in DUI school; and
  • Mandatory installation of an ignition interlock device for up to 2 years.

Third Offense

  • Up to five years in prison;
  • Fine up to $5,000;
  • Up to 50 hours of community service;
  • License suspension for up to 10 years;
  • Vehicle impoundment for up to 90 days;
  • Attendance in DUI school; and
  • Mandatory installation of an ignition interlock device for up to 2 years.

It’s important to note, depending on when the DUI happened your penalties may be elevated. If your second DUI conviction was within five years of your first conviction, you will have a mandatory imprisonment of at least 10 days. Also, if your third conviction was within 10 years of your first or second conviction you must serve a mandatory imprisonment for at least 30 days.

What is an Ignition Interlock Device?

One of the major enhanced penalties for a DUI involving a child is the mandatory installation of an ignition interlock device. An ignition interlock device (IID) is similar to a breathalyzer. The device measures a driver’s blood-alcohol concentration (BAC) before starting a vehicle.

If the ignition interlock device reads a BAC over .08 it’ll send a signal to stop the engine. Typically, it will lock the engine and log the event internally. If the car is in motion, the ignition interlock device will sound off the horn and lights until the driver pulls over.

An IID is a mandatory requirement for a child endangerment DUI. Convicted offenders must pay for the device themselves and install one in every usable vehicle they own. An ignition interlock device isn’t just costly but can be an annoyance. Some have reported the device sounding off after simply using mouthwash.

Automatic Driver’s License Suspension after DUI in Florida

Navigating Florida without a motor vehicle is hard. Most Floridians and visitors use motor vehicles to commute to work, do household chores and take care of their children. Those arrested for a DUI will have their license suspended after 10 days. The license suspension isn’t a criminal penalty, but an administrative one.

Thankfully there’s a way to combat administrative license suspension in Florida. However, there’s only a limited amount of time. You only have 10 days to demand a formal review hearing with the Bureau of Administrative Review (BAR) of the Florida Department of highway (DHSMV).

If you file a request for a hearing, an attorney can fight to have your suspension invalidated. You may be able to argue for a hardship license which allows you to drive in limited areas and times. Not everyone is eligible for a hardship license. Those who have done any of the following cannot qualify for a hardship license:

  • One DUI conviction with two or more prior refusal suspensions;
  • One refusal suspension with two or more prior DUI convictions;
  • Second offense more than five years after the first DUI conviction; or
  • Third DUI more than 10 years after second DUI conviction.

Additional Resources

Ashley’s Dream – Visit the official website for the Foundation of Ashely’s Dream, an organization who aims to promote awareness, provide resources and do whatever possible to prevent drivers from engaging in drunk driving.

Florida DUI Laws – Visit the official website for the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) and find more information about DUI laws. Access the site to learn the criminal and administrative penalties for those driving under the influence.

Lawyer for DUI with Minor Passenger in Melbourne, Florida

If you or someone you know has been charged with a DUI involving a child, it’s crucial that you seek legal representation. The attorney at Law Offices of Bryan J. McCarthyhave represented numerous clients in DUI cases. We will work diligently to get you the best possible results for your case. Don’t hesitate when it comes to your future. Call the attorney at Law Offices of Bryan J. McCarthy today.

Law Offices of Bryan J. McCarthy practices law throughout the greater Melbourne area and surrounding cities including Palm Bay, Cocoa Titusville, and Satellite Beach.

Call us today at (321) 248-7742 or submit an online contact form for a free consultation.