As if a driving under the influence (DUI) charge were not serious enough, you might encounter far more dire consequences and penalties for doing so with a child in the car. A DUI charge of this magnitude could result in more criminal counts, added charges, enhanced fees and fines, and can even negatively affect child custody situations. Read on find out more about this very serious offense.
Enhanced DUI Charges
A simple DUI may not be the whole story. If certain events accompany the DUI, it can carry what is known as enhancements. This allows the charges and the punishments to be multiplied. The punishment, jail time, fines, etc for an enhanced DUI can often be double that of a simple DUI. In addition to getting charged with a DUI with a child onboard, enhancements can be applied to DUI charges for things like:
- Accidents
- An accident with injuries or deaths
- Fleeing to allude
- Resisting arrest – with or without violence
- And more
Child Endangerment Charges
There are many ways to end up with child endangering charges, but if you are also charged with a DUI and a child under the age of majority was in the car, child endangerment is a separate and additional charge. Anytime you place the health and well-being of a child in jeopardy, you can expect the courts to exact severe penalties. Children are considered a protected class due to their vulnerability and lack of agency.
How Child Endangerment is Punished
This charge can be either a misdemeanor or a felony. Misdemeanors are usually not punishable by jail time but by a hefty fine. On the other hand, felony child endangerment is far more serious, and a DUI might be all that it takes to raise the charge to this level. To determine whether or not child endangerment meets the standards for a felony, intention and risk are evaluated. When you are charged with a DUI, you may not have intentionally meant to harm your child. When you look at risk, however, the risk for the safety of a child is great indeed. When a child's life could be at stake, you might be facing a felony.
As you can see, a simple DUI can get far more complicated when a child is involved in the incident. Seek out DUI attorney services, as the consequences of a conviction are now far higher than they were before.
