A child endangerment DUI is a DUI (Driving Under the Influence) offense in which a driver is charged with endangering a minor passenger while operating a vehicle under the influence of alcohol or drugs. Many states impose enhanced penalties for DUI charges involving child endangerment, as this behavior is considered particularly reckless and dangerous.

This article will define the term “child endangerment DUI” and discuss its legal implications and penalties that offenders can face, helping those charged with this offense to understand the severity of this charge.

Key Takeaways

• A child endangerment DUI occurs when a person drives under the influence with a minor (under 14 or 16 for most states) in the car.
• Drivers charged with a child endangerment DUI face stricter consequences, including longer jail time, higher fines, and possible child endangerment charges in addition to the DUI.
• Laws around and penalties for child endangerment DUI vary from state to state, with some mandating jail time.
• In severe cases, child protective services may investigate offenders or parents may lose their parental rights.

What Is a Child Endangerment DUI?

An elevated DUI charge of child endangerment is one in which a minor is riding in the car at the time of the offense. A minor is defined as a child under the age of 14 or 16, or in some states, 18, depending on the jurisdiction.

A child endangerment DUI is considered especially dangerous because it puts the child at risk of vehicle accidents, injuries, and death. Therefore, a child endangerment DUI is treated as an aggravated offense in many states, which means additional penalties are tacked on to the penalties for an ordinary DUI.

In some states, child endangerment laws operate alongside DUI laws but as separate offenses — A person can be charged with both DUI and some levels of child endangerment.

Penalties for a Child Endangerment DUI

A child endangerment DUI carries greater penalties than a regular DUI. These penalties vary by state but typically include the following.

Jail Time

Child endangerment DUI charges are common and even first time offenders will often be sentenced to mandatory jail time. Sentences may include:

• Many states have a first offense of 48 hours to 1 year.
• Longer jail terms for repeat offenses or cases involving injuries or fatalities.

Fines and Fees

Child endangerment DUI fines are often more than those for ordinary DUIs. Offenders may face:

• Between $1,000 and $10,000 depending on state and circumstances.
• Additional court fees, plus costs for mandatory DUI education programs.

License Suspension

Standard DUIs often result in longer license suspension than child endangerment DUIs. Suspension periods may be from 1 to 3 years, with repeat offenders often losing driving privileges.

Mandatory Ignition Interlock Device (IID)

Many states require offenders to install an ignition interlock device (IID) as a condition of license reinstatement. This device will not allow the vehicle to start unless the driver gives a clean breath sample.

Child Protective Services (CPS) Involvement

In cases where a parent or guardian is charged with child endangerment DUI, Child Protective Services (CPS) may open an investigation. This can lead to:

• Loss of custody, either temporary or permanent.
• Required parenting classes or counseling.
• Placement of the child with another family member or in foster care.

Defenses Against Child Endangerment DUI Charges

Defending against a child endangerment DUI charge can be challenging, but an experienced attorney can explore several strategies, such as:

• Disputing the DUI Charge: Challenging the validity of the DUI charge itself, such as disputing BAC test results or the legality of the traffic stop.
• Questioning the Definition of "Child Endangerment": Arguing that the situation does not meet the legal definition of endangerment.
• Procedural Errors: Identifying mistakes made during the arrest or investigation that could result in reduced charges or case dismissal.

Bottom Line

A child endangerment DUI is a very serious offense and carries far reaching consequences such as mandatory jail time, higher fines, longer license suspensions, and even loss of parental rights. To protect minors from the risks inimical to impaired driving, States impose severe penalties for such offenses.

If you have been charged with a child endangerment DUI, it is essential to get legal representation right away. An experienced attorney can evaluate the specifics of your case, challenge the evidence, and work toward minimizing the impact of the charges.