Being pulled over and arrested for a DUI is difficult enough, but being arrested while having your child in the car is even more disastrous. Not only are you facing a DUI, but your standing as a parent is suddenly called into question. You are surely left with many questions and not enough answers. This guide will help you get through the process as smoothly as possible.
When Is the DUI a Felony?
Typically, a DUI is a misdemeanor in Virginia. Your DUI may become an enhanced DUI, also known as an aggravated DUI, which can involve felony charges. You may face this enhanced charge if you already have two DUI convictions, have an especially high BAC, or severely injure somebody while intoxicated behind the wheel. The judge has some discretion in charging you with a felony or misdemeanor.
What Are the Punishments for Conviction of a DUI With a Child Passenger?
According to Virginia law, it is illegal to operate a vehicle while under the influence of alcohol, but it is more serious when you do so with a minor in the vehicle. Additional penalties apply in cases involving minor passengers. The minor could be a biological child, step-child, niece, nephew, or even friend.
For a regular first-time DUI, you might face a fine up to $2,500 and a suspended driver's license for one year. You may also be sentenced to jail time. With a child in the car, your penalties increase by at least $500 in fines.
If you are convicted of a second or subsequent DUI with a child in the car, the judge will likely issue increased penalties to deter further criminal behavior.
The sentence increases if you have an enhanced DUI. For example, if the judge deems your actions to have demonstrated disregard for the child's life, then they may charge you with a Class 6 felony, which comes with punishments including a prison sentence of one to five years. In some cases, the judge or jury can sentence the defendant to a shorter time in jail. You may also face a fine up to $2,500.
If a child becomes injured in an accident linked to the DUI, you could face a Class 4 felony and even steeper punishments. Virginia's Class 4 felonies come with prison sentences ranging from 2 to 10 years. You could be fined up to $100,000.
Will CPS Get Involved In Your Case?
CPS may get involved in your case out of regard for the safety of your child. If you are the sole guardian for your child and are arrested and jailed, your child could enter the foster care system if no other family members are able to take care of them.
If you are amid a custody battle or are trying to adopt a child, your DUI case could impact those processes as well. A DUI conviction, especially with a minor in your vehicle, can make you appear like an unfit parent.
What Should You Do If You Are Arrested for a DUI With a Child?
The first thing you should do after your arrest is find an attorney who understands DUI law. Your attorney is essential for ensuring you receive a fair trial, especially when custody of your child is on the line.
Several defenses are possible depending on the details of your case. Perhaps the testing facilitated by the police department was faulty or gave a false-positive. Or maybe the police officer did not have probable cause to pull you over in the first place. Your attorney will help you develop all the evidence you need to support your case.
Tolbert & Tolbert, LLP, is a legal office providing service for individuals who have been charged with a DUI. If you had a child in your car while driving under the influence, you may need more legal help than you think. Contact our office today for a consultation regarding your upcoming case.
