While every state has its own definite laws as to what constitutes drunk driving, it is entirely illegal to drive while intoxicated. You got pulled over and received a DUI while you had children in the car, a serious situation that has dangerous legal repercussions.
You need a lawyer, whether this is your very first DUI offense or the most recent violation you've had in a long time. Here are reasons you need to get an experienced lawyer on the phone right away for your DUI while children were present.
Your Charge Can Change
Your misdemeanor DUI can (and likely will) be changed from a misdemeanor crime to a felony offense simply because children were in your car when you were pulled over, especially if any minors present were under 16 years old.
A felony DUI is much more severe than a misdemeanor and can mean larger fines, a longer length of time to have your license taken away, required DUI or driving courses, and even jail time. A lawyer will work with the prosecuting attorney and the judge handling your case to reduce your DUI charges to as minimally offensive to you as possible.
Your lawyer will fight to reduce your charges by proving the following:
You had your children buckled (therefore, not intentionally placed in danger)
You were driving the speed limit (thus avoiding potentially harming children)
You were close to legal drinking limits (not dangerously impaired)
You had reason to have children in the car (not aimlessly driving with minors while drinking)
The goal of your lawyer is to place you in the most positive light by showcasing your responsible nature even in the midst of a DUI occurrence. If you have never had a DUI before, your lawyer will have further evidence that you are not an irresponsible threat to minors or other drivers.
You Can Lose Your Kids
If you are a single parent or going through a recent divorce, then getting a DUI with children in the car is especially dangerous. You can be charged with child endangerment and potentially lose custody of your children.
What your lawyer will do if a child endangerment case is looming is to prove how losing custody of your children is more harmful to your kids than beneficial. Your lawyer will do this by providing evidence that you are the primary caregiver for your children (both physically and financially) and that your children would be in emotional distress without your constant presence.
Even if you are married, you can still face child endangerment charges that cause social workers to keep an eye on your home and the way you raise your children. You don't want to be threatened by the law regarding your children over a single DUI charge — your lawyer will fight to prove your responsible and safe parenting skills so you can move on with your life in peace.
If you are planning on drinking, do not drive. Hire a taxi or have a friend escort you from one destination to the next. Never drive drunk (even buzzed) with children in the car.
As soon as you receive charges for a DUI or get arrested for driving while drinking, call your lawyer. Do not admit fault for your charges to any police officer or in any courtroom. Instead, allow your lawyer to speak for you to raise your chances of lowering your charges and leading you to a greater outcome for your offense.
You need an experienced legal team to assist you with your DUI that occurred when you had children in the car with you. Our legal team at Bahrie Law is here to help you stand up for your rights. Contact us today to learn about your case options.