DUI Arrest with a Child in the Car

 Posted on November 19, 2024 in Criminal Defense

Driving drunk with anyone less than 16 years old in the car is an enhanced DUI offense in Illinois. A first offense is still a misdemeanor, but a second is a felony. This law applies to everyone - it is quite common to see it used against older teenagers who are driving around with their peers. However, a lot of those charged with DUI with a child passenger are parents who had their own children in the car. Parents who get arrested for drunk driving while transporting their children are likely to be charged with a felony DUI and may face serious legal consequences, including jail time. If you were arrested for a DUI while your children were with you, you need a highly experienced Will County, IL felony DUI attorney to help you fight for a second chance.

Fighting Back Against DUI With Child Passenger Charges

Parents who are arrested for DUI with their children in the car often have lower B.A.C.s and are less impaired than the average drunk driver. Most parents do not consume large quantities of alcohol and become belligerently drunk around their children. More commonly, parents are only slightly over the limit after being served a single cocktail that was stronger than expected.

If your B.A.C was very close to 0.08 percent, it may be easier for your attorney to argue that any small error with your chemical test could have changed your result enough to make a difference between being over and under the limit. If you were not visibly intoxicated, there simply may not be enough evidence for the state to secure a conviction.

What Are The Potential Penalties for DUI With a Child in The Car? 

Getting a DUI with your children in the car carries serious penalties. For a first offense, you could face up to six months in jail - and judges are more likely to give out jail time for a first DUI if there was a child in the car. You can also have your license suspended, be ordered to perform 25 days of community service, and be fined up to $2,500.

Could I Also be Charged With Child Endangerment? 

People who were driving intoxicated with a child in the car can be charged with child endangerment. Because being in the car with a drunk driver is so unsafe, people who put their children in this position can be charged for it. Depending on the circumstances, the state may or may not bring this charge. If your B.A.C. was barely over the limit and you were pulled over for a broken tail light, you probably will not be charged with child endangerment. If you had a very high B.A.C. and were pulled over for running a red light, you probably will be.

Contact a Will County, IL DUI Lawyer 

Law Offices of Jack L. Zaremba, P.C. will fight for your family after you have been arrested for DUI with your child in the car. Dedicated Joliet, IL enhanced DUI attorney Jack Zaremba will do all he can to help you go back to life as usual. Contact us at 815-740-4025 for a complimentary consultation.