Consequences of a Child Being in the Vehicle When a Drunk Driver Gets Stopped for a DUI

Driving while under the influence (DUI) is one of the most dangerous situations an individual can get him or herself into. When you drive drunk and/or stoned, you not only place yourself in mortal danger, but you also endanger other drivers who are sharing the road with you. 

Making matters a lot worse, if you are driving under the influence with children in the car, you run the risk of seriously injuring them or even killing them should you get into a vehicular collision. 

Here's the rub: not all drivers who get behind the wheel of their family vehicle are bad people. Many of them are just like you and me. They simply feel as though they are entirely under control even after having consumed a few alcoholic beverages. But what they don't realize is that it only takes a beer or two to affect your coordination and motor skills. 

That's why if you're stopped for a DUI, you need the best legal representation you can find. Says the Law Office of Aaron M. Black, PLLC, who at present is considered the best DUI lawyer in Phoenix, AZ, depending on the circumstances of your DUI case, a reputable attorney can represent you in court without you actually having to be there. DUI's are very expensive, and this allows you to continue to make a living while your case gets reviewed in a court of law. 

But what happens when there's children in the vehicle when you get pulled over for a DUI? How will this affect your court case? According to a recent report, if you get pulled over for driving under the influence and you have a minor under 14 years of age in the car, you will be facing harsh criminal penalties. 

In states like California and Arizona for instance, you will be facing "increased penalties for having a child in your vehicle if you get convicted of a DUI." However, if in the end, you are not convicted in a court of law, the penalties associated with having a child in the vehicle will be dropped. 

Consequences Associated With a DUI With a Child in the Car

In a word, if you're convicted of a DUI with a child in the car, it can mean more jail time. Say the experts, the penalties can be harsh. In some cases, the consequences for a DUI can be harsh regardless if you have a child in the car or not. 

For a first-time conviction for a DUI you can, in general, expect fines of up to $1,000, plus jail time of up to six months (depending on the state). You will also be required to utilize an ignition interlock device (IID) which detects alcohol on your breath should you attempt to start your car. 

In certain states, DUIs are "priorable offenses," meaning they count against drivers who have been convicted previously or one or multiple DUIs. You will find yourself facing far higher fines and extended jail time in accordance to multiple driving under the influence arrests. 

What Happens to Your Child After You Get Arrested for DUI? 

The experts state that it will be the police's responsibility to take care of your child until either your spouse, or a legal guardian, or a separate relative can take possession of him or her. Keep in mind that a DUI arrest with a child or children in the car will likely invoke an investigation by your community's Child Protective Services or CPS.  

It's possible you will not lose custody of your child if the DUI is your first offense. But CPS will make a concerted effort to continue to check on both you and your child or children periodically from that point forward. An uncomfortable situation to say the least.  

What You Should Do After a DUI Arrest With a Child in Your Car

Being convicted of a DUI with a minor in your vehicle can have serious consequences no matter what state you live in in the U.S. However, there are legal steps you can take immediately if you get nailed with a DUI. The first most obvious step is to reach out to the most reputable DUI attorney you can find.   

A good lawyer will take the necessary steps to "block evidence against you." Most drivers are concerned with the blood alcohol level (BAC) that resulted from being tested during the DUI arrest. But your attorney can help to dispute these results. He can also find grounds for a blood sample from an independent tester. 

You should know that BAC tests work only if performed correctly in the field and properly tested inside the lab. A good lawyer will be able to make a legal assessment on whether your BAC test was performed in accordance to the law. If an issue arises, the prosecution's case could be weakened.

All this said, it's a best practice to never drink and drive, especially if you will be transporting a child or children. It could mean a matter of life or death.