Although getting behind the wheel after drinking alcohol always has the potential to destroy lives, the ramifications of your arrest for DUI can be even more significant if you were arrested for doing so with one or more kids in the car. For instance, it's possible that following your arrest, you may need to speak with Child Protective Services, or CPS. In addition, you may discover that even though no injuries resulted from your mistake, the crime that might normally be a misdemeanor will now be prosecuted as a felony. Since felonies frequently carry harsher sentencing and bigger fines than misdemeanors, and every state is different as to how they prosecute, you could wind up in jail and with a criminal record that will follow you for years. Therefore, when you've been arrested for driving under the influence and you're unsure as to what will happen next, it's best to consider the information shared below.
A DWI With A Child In The Car Can Be Seen As Child Abuse Or Neglect
Regardless if you were taking your sick or injured child to the closest emergency room or you accidentally drank too much at a restaurant, CPS will often intervene following a DUI or DWI with a minor in the car. When that happens, a CPS worker may speak with your child at school, make random visits to your home, require drug tests from you and otherwise verify that you are providing a safe home for your children.
Parenting classes may also be required. It is at best, an awkward situation, and some people have lost custody of their children due to the findings of CPS. Therefore, if you are ever unsure as to whether or not you have had too much to drink, assume that you have and arrange alternate transportation.
The Misdemeanor Can Turn Into A Felony Due To The Presence Of A Minor In The Car
In general, the first offense of driving under the influence is often prosecuted as a misdemeanor. Unfortunately, many states will upgrade the charge if you were endangering the welfare of a child by driving while they were in the vehicle.
Felonies are much more likely to result in incarceration, higher fines and a longer period of time before you can regain the legal right to drive. Drug and alcohol classes might be required and as with almost any criminal offense, there are many possibilities as to what might happen when you go to court.
In conclusion, any DUI is a big problem and represents a serious criminal offense. However, when the DUI was incurred in the presence of a minor, the charge is even more serious and can impact you in a myriad of ways. As a result, you need to be aware of the facts shared above and to have an experienced DWI attorney, such as Boehmer Law, on your side throughout the entire ordeal.Share
26 July 2017
Growing up in a law enforcement family, I learned a lot about how arrests take place, what goes into investigations, and more. That gave me a really unique insight when it comes to criminal defense options and the areas where there may be vulnerabilities or loopholes that can be used in court. I've done a lot of research into the legalities of criminal defense as well, so it's allowed me to merge the two and create a site that offers a comprehensive look at criminal defense options and the court's expectations. It's always best to work with a lawyer, but having an understanding of the basics first will help.