DUI with a Child in Car in Florida

If you’ve been arrested for a DUI with a child in Florida, you are set to face severe consequences.

DUIs in Florida are already treated with zero tolerance, but the judges come down even harder on those involving children. These statutory penalties will have a devastating effect on your life, from your career to how you’re viewed in your local community. The accusation alone can be very damaging.

What To Do If You’ve Been Arrested for a DUI with a Child in Florida?

If you’ve been arrested for a DUI with a child in Florida, please contact our Florida criminal defense attorneys as soon as possible. You only have 10 days from the arrest until your license is suspended.

We will fight aggressively to either have the charges dropped or to minimize the impact this will have on your life. We will also be able to apply for a hardship driver’s license to ensure you can still travel to work.

Do not incriminate yourself. You have the right to remain silent at all times.

In many cases, a DUI with a child charge can be dropped. For example, your lawyer may be able to prove:

That there was no justified reason for you to be stopped by the police.
The breathalyzer machine was incorrect or faulty.
Instructions were incorrect.
You didn’t understand the officer’s instructions.
A physical or mental health issue justified a breathalyzer test refusal.
You have physical or mental impairments that caused a field test failure.

What Is a DUI With a Child in Florida?

Florida law defines a DUI (Driving Under the Influence of Alcohol) crime as someone driving a vehicle with:

A blood-alcohol concentration level (BAC) of 0.08 or more.
Under the influence of alcohol, chemical substances or drugs to the extent that the person’s normal faculties are impaired.

If there was a person under the age of 18 years old in the motor vehicle, then it is classified as a DUI with child endangerment.

DUI with a Child Penalties in Florida

Florida Statute Section 316.193(4) states the following penalties for driving under the influence with a child in the vehicle (child endangerment). Florida has a history of enforcing stricter penalties for DUIs with children involved than those without.

First Offense DUI with a Child

Fines of between $1,000 to $2,000;
Up to nine months in jail;
Up to 50 hours of community service;
Drivers’ license suspension for up to six months;
Vehicle impounded for up to 10 days;
DUI school classes;
Mandatory ignition interlock device installation for up to six months.

Second Offense DUI with a Child

Fines of between $2,000 and $4,000
Up to 12 months in jail
Up to 50 hours of community service
Drivers’ license suspension for up to 12 months
Vehicle impounded for 30-days
DUI school
Mandatory ignition interlock device installation for up to 2 years

Third Offense DUI with a Child

Up to 5 years in prison
Fines of up to $5,000
Up to 50 hours of community service
Driver’s license suspension for up to 10 years
Vehicle impounded for up to 90 days
DUI school
Mandatory ignition interlock device installation for up to 2 years

Note: If a subsequent conviction of a DUI with a child conviction occurs within 5 years of the first, you will face a mandatory 10 days imprisonment. If your third conviction occurs within 10 years of a previous one, then you will face at least 30 days imprisonment.

Ignition Interlock Installation

If you’re arrested for a DUI with a child in Florida, your vehicle will receive a mandatory installation of an ignition interlock device.

An ignition interlock device (IID) is effectively a breathalyzer machine that restricts the engine from starting if it detects a BAC of .08 or more. It helps stop drunk driving from becoming a repeat offense.

To start the engine, you must use the breathalyzer. If the car is in motion without using it correctly, the device will trigger the car horn and lights. These devices cause a lot of trouble, with some people reporting they’re triggered even after using mouthwash.

Your License Will Be Automatically Suspended After a DUI in Florida

If arrested for a DUI in Florida, your driver’s license will be automatically suspended after 10 days. You only have 10 days from the date of your arrest to demand a hearing to retain your license.

With the help of a Florida criminal defense attorney, you can file a request for a hearing with the Bureau of Administrative Review (BAR) of the Florida Department of Highways (DHSMV).

An attorney will also be able to apply for a hardship license which can help you drive to and from essential events such as work.

Note: The 10-day period includes Saturdays, Sundays and holiday days.

The Knock-On Effect on The Child

Children are reported to be more at risk of bodily injury and death in a car accident than adults, making DUI with child cases very serious incidents.

If you’re arrested for a DUI while driving with a child, it is likely that the police will arrange for someone to look after the child while you’re taken to county jail.

Law enforcement will try to arrange for the other parent or family member to pick up the child, but if there is no contact available, then the child may be taken into temporary protective custody or a foster home.

You also risk jeopardizing the custody of your children if the child’s parents are separated, as it is considered a form of child neglect.

Statistics for DUIs with a Child in the Car

21% of child traffic fatalities (aged 14 or younger) are caused by alcohol-impaired drivers.
57% of these fatalities were passengers of vehicles driven by drunk drivers.
28% were passengers in other vehicles.
13% were non-vehicle passengers, such as pedestrians.
There is one alcohol-related death every 52 minutes in the U.S.
Drunk driving accidents cause 10,000 deaths every year and are responsible for 1/3 of all traffic-related deaths.

Source: NHTSA

Contact a DUI Defense Attorney in Florida

If you’ve been arrested for a DUI in Florida, then our DUI defense lawyers can help. Our Florida criminal defense attorneys can fight on your behalf to help you avoid jail time and avoid a criminal record.

Free Consultations

Ranger Jackson is a top-rated criminal defense attorney in Pinellas County. He is a lawyer at Battaglia, Ross, Dicus & McQuaid, P.A., one of Tampa Bay’s most prestigious law firms with the reputation and connections to make things happen.