All DUIs are serious charges, but if you are accused of DUI while driving a minor, you face enhanced penalties. It is imperative to seek legal counsel to form a defense against DUI charges with a juvenile passenger. An attorney can help you understand the charges and find legal recourse for your defense to potentially mitigate some of the most severe consequences.
These charges can carry significant life-long consequences for you and your family if the state convicts you.
DUI with a minor passenger is considered aggravated in Colorado
If charged with a DUI while driving a minor, you face aggravated DUI penalties. These include consequences such as higher fines, extended jail sentences, and lengthier license suspension or revocation periods. You may also have to attend alcohol education programs before regaining your license.
Aggravated DUIs sometimes result in felony charges, depending on the circumstances.
Defenses against these charges include faulty breathalyzer or field sobriety tests and unjust treatment. Where relevant, a defense can be founded on poorly handled tests or planted evidence.
Your DUI defense attorney must prove that you were not inebriated and not driving recklessly (with reckless driving requiring you to knowingly ignore risks).
Child abuse charges, in addition to the DUI
If you are charged with DUI while driving a minor, you may also face child endangerment or abuse charges, even if the passenger is not injured. If the child is injured, you may face felony DUI charges in addition to felony child endangerment charges.
On top of those charges, you will face felony DUI charges if anyone outside your vehicle is injured due to your driving. Felony convictions are majorly disruptive to your life, often resulting in heavy jail sentences. They can make it difficult to find housing, employment, and childcare options. Do not take these charges lightly; seek professional legal counsel immediately.
What happens if the passenger is your child?
Driving under the influence with your child in the car is considered criminal negligence because you knowingly ignored a perilous risk to the passenger.
If convicted, you could face dire consequences that will affect you and your child. You will often need to attend parenting classes and submit to testing procedures (such as recurring breathalyzer tests). You may lose the right to own a firearm. The most severe consequence is the denial of your legal guardianship, including visitation or custody rights.
These convictions can alter your life and your child’s future. It is critical to find a reputable attorney to handle your defense.
Consult Churchill DUI Defense
If you are facing a DUI with a minor in your vehicle charge, seek professional legal counsel immediately. These scenarios can result in life-altering felony convictions that impact your ability to find housing and employment and potentially interfere with the custody of your child.
Churchill DUI Defense helps you understand the charges being brought against you, discusses your legal options, and provides representation in court. Call (303) 832-9000 to schedule your free consultation today.