DUI in the Presence of a Child

There are many factors that can drastically increase a person’s punishment sentencing during a DUI trial. In particular, a person may face significantly worse penalties if they are arrested when a child is present in their vehicle. Although the age of the child can vary between jurisdictions, it is common for increased penalties or charges to come with any child under the ages of 16 or 15 years of age.

In many areas, if a child is present in a vehicle during a DUI, the arrest for intoxicated driving charges can be coupled with endangerment of a child charges. Some areas may increase the DUI charge to a felony count, while endangerment of a child is generally considered a misdemeanor. This means that a person will likely serve out a mandatory jail sentence that can be increased due to the additional criminal charge.

In many cases, the endangerment of another person can result in less sentencing leniency due to potential injuries. The endangerment of a minor may increase the punishments in sentencing.

Another serious issue that can occur during a DUI when a child is present is the loss of custody if the driver is a parent. In any case where the parent may share custody, a DUI conviction can lead to the loss of custody for that parent.

If you have been charged with DUI when a child was present in your vehicle, the consequences can become substantially worse. To learn more about your defense options, contact the Seattle DUI attorneys of Cowan Kirk Gaston at 866-822-1230 today.



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