While DUI laws vary from state to state, most – if not all – states treat DUIs more seriously if the driver has a minor in the car while driving under the influence. A woman in West Virginia, for example, who was recently arrested for a DUI with her 18 month old child in the car, is now facing charges for child neglect for creating risk of injury, which is a felony.

More Serious DUI Charges

DUI charges and penalties generally vary depending on the circumstances. For example, if you have prior convictions within a particular period of time, you may be facing a felony DUI charge. This is also true if bodily injury results from driving under the influence. Another factor that can lead to elevating a DUI charge is having a child in the car. As can be expected, aggravated DUIs will have more serious penalties, and can sometimes elevate a DUI that’s usually a misdemeanor to a felony.

Additional Criminal Charges

It’s the responsibility of parents, caregivers, legal guardians, and custodians to ensure a child’s well-being. And, a negligent or intentional act that causes a child to be in danger of mental or physical harm can result in charges of child abuse or endangerment. It’s not a surprise that driving under the influence is conduct that can be considered child endangerment. Thus, in addition to more serious DUI charges, driving drunk with a child in the car can also lead to charges of child abuse or endangerment. It’s also possible that being charged with a DUI when children are present can lead to an investigation by child protective services.

A good rule of thumb is to never drive drunk, especially if you have children with you. And, if you do end up getting arrested for a DUI, whether there are kids in the car or not, it’s a good idea to get in touch with a skilled DUI attorney near you.

Related Resources:

  • Find DUI/DWI Lawyers Near You (FindLaw’s Lawyer Directory)
  • DUI Law (FindLaw’s Learn About the Law)
  • Is ‘Autopilot’ a Defense to a Drunk Driving Charge? (FindLaw’s Blotter)
  • Man Gets DUI for Riding a Horse on a Freeway (FindLaw’s Legally Weird)

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