A Cornerstone Healing Center post, citing CDC data, states that drunk-driving crashes cause about 1 in 5 child passenger deaths yearly.
Florida enforces strict DUI laws to reduce these tragedies. Police closely monitor impaired drivers, especially those with minors in the car.
If you’re facing a DUI with a child passenger, penalties can be severe. You may face heavy fines, license suspension, or even felony charges.
But is it always a felony? Understanding the law can help you prepare. Read on to learn whether a DUI with a minor in the car in Florida automatically results in felony charges.
DUI With a Minor in Car: Misdemeanor or Felony?
A first-time DUI with a minor in the car is usually a misdemeanor in Florida. So it’s not an automatic felony. However, it can be a felony if there are other aggravating circumstances, such as:
- A high BAC (0.15% or higher)
- Multiple past DUI convictions
- Causing injury to the child or another person
- Driving with a suspended license
- Reckless driving or excessive speeding
- Refusing a breath or blood test after arrest
A felony means harsher DUI penalties, including longer jail time and bigger fines. It also stays on your record for life.
Potential Penalties for a DUI With a Minor in Florida
Knowing the penalties can help you understand how to handle the issue. The consequences depend on the details of your case. A first-time offense may bring lighter penalties, while repeat violations can lead to harsher punishment.
Child Endangerment DUI Charge
A DUI with a minor is often considered a child-endangerment DUI in Florida. This means you could face additional charges beyond a regular DUI.
Prosecutors may argue that you put the child’s life at risk. If convicted, you could face higher fines, longer jail time, or even a felony charge. A child endangerment conviction also makes it harder to reduce penalties through plea deals.
License Suspension
A DUI with a minor often leads to a suspended license. The suspension period depends on past offenses and BAC level.
For a first offense, you may lose your driving privileges for six months to a year. If you have prior convictions, the suspension can last several years. In some cases, you may qualify for a hardship license, allowing you to drive for work or school.
Jail Time
Jail time is possible, especially if a minor was in the car. Repeat offenders face harsher penalties.
Even first-time offenders may serve time, depending on their case. A high BAC or past convictions can increase the sentence.
If an accident occurred, the penalty could be several years in jail. Courts consider the impaired driving risks when determining punishment.
Increased Fines
According to Florida Highway Safety and Motor Vehicles (FLHSMV), a first-time offender faces a fine between $500 and $1,000.
If a minor is in the car, the fine increases. The amount must be at least $2,000 but cannot exceed $4,000.
Repeat offenders face even steeper fines. In some cases, the court may impose penalties of up to $5,000. Additional court fees and alcohol treatment costs may also apply.
Community Service
Florida often requires community service for DUI sentences. First-time offenders must complete a set number of hours.
If you can’t finish the hours, you may pay a fine instead. Repeat offenders face longer hours or stricter penalties. Community service allows offenders to give back while reflecting on their actions.
Legal Defenses for a DUI With a Minor in the Car Charge
After a DUI arrest, you may need to explore different legal defenses. The goal is to choose the best one for your case. When used properly, a defense can help minimize DUI penalties and improve your outcome.
Illegal Traffic Stop
If a police officer stopped you without reasonable cause, your defense could be an illegal traffic stop. The officer must have a valid reason to pull you over. If the stop was unlawful, any evidence gathered might be thrown out.
To prove the stop was illegal, you can show the officer had no probable cause or suspicion of wrongdoing. You can support your case with:
- Video Footage
- Witness testimony
- Data like traffic camera recordings
Faulty Sobriety Tests
Field sobriety tests (FSTs) measure impairment, but they’re not always reliable. These tests depend on the officer’s judgment and the conditions. The test results may be inaccurate due to:
- Poor weather conditions such as rain or fog
- Physical or medical conditions affecting balance
- Inadequate test administration by the officer
- Stress or nervousness influencing performance
- Uneven or dangerous surfaces for the test
If any of these factors affect the results, it may weaken the case against you. The court may consider these issues when deciding your sentence.
Lack of Proof of the Minor’s Presence
To be charged with a DUI with a minor in the car, the prosecution must prove the minor was present. If they cannot show the child was in the vehicle during your arrest, the charge may be dropped or reduced.
Police might charge you with a DUI with a minor even if no child was in the car. This could happen if the officer made an error or misinterpreted the situation. Inaccurate reports or assumptions about passengers can lead to incorrect charges.
Necessity to Drive
Certain circumstances might force you to drive a car with a minor while under the influence. For example, you may have had to drive to avoid a dangerous situation or emergency.
The court may reduce your charge if you can prove that this was the case. However, this defense only works if you can provide enough evidence to prove the necessity to drive.
Facing a DUI With a Minor in the Car Charge? Seek Legal Help
A DUI with a minor in the car charge can lead to severe penalties, even though it’s not automatically a felony. Understanding the charges you face and seeking expert legal help is crucial to minimize the impact.
At RHINO Lawyers, we have over a decade of experience handling DUI cases. We pride ourselves on forming partnerships with our clients.
Our team will guide you through the legal process, keeping you informed every step of the way. Contact us today for the legal support you need.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
