The Serious Consequences Behind a DUI with a Child in the Car

July 17, 2023 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

Drunk driving with a child in the car is a grave offense that jeopardizes not only the safety of the driver but also the well-being of an innocent child and the other drivers on the road. Florida takes any DUI offense seriously, with enhanced penalties in place to protect vulnerable passengers.

For any person facing charges for DUI with a minor present, seeking legal representation is crucial. An experienced defense attorney can help you understand the charges against you, help navigate the legal process, and explore defense strategies to get the charges against you lessened or dismissed.

Standard DUI Penalties

The following lists the standard penalties for each DUI offense in Florida, codified under Statute Section 316.193:

• First conviction – Fine of at least $500 but less than $1,000 and up to six months of imprisonment.
• Second conviction – Fine of at least $1,000 but less than $2,000 and up to nine months of imprisonment. Additionally, a mandatory imprisonment of 10 days if the second conviction occurs within 10 years of the previous DUI conviction.
• Third Conviction – Fine of at least $2,000 but less than $5,000 and up to 12 months of imprisonment. Additionally, a mandatory imprisonment of 30 days if the conviction occurs within 10 years of the previous DUI conviction.
• Fourth or subsequent conviction – No less than a $2,000 fine and up to five years of imprisonment.

Enhanced Penalties

There are certain circumstances in which a DUI offense will receive more severe penalties. Having a breath- or blood-alcohol content (BAC) of 0.15 or higher or having a minor present in the vehicle at the time of the alleged DUI offense are considered aggravating factors. Florida Statute Section 316.193(4) explains that a defendant who was accompanied by a minor under the age of 18 at the time of the DUI offense will face the following penalties:

• Minimum fine of $1,000 but less than $2,000 for first conviction;
• Minimum fine of $2,000 but less than $4,000 for second conviction;
• Minimum fine of $4,000 for third or subsequent conviction;
• Up to nine months of imprisonment for first conviction;
• Up to 12 months for a second conviction; and
• Mandatory ignition interlock device (IID) installment for specified time.

Child Endangerment Laws

Getting behind the wheel of a motor vehicle while under the influence of alcohol, chemical substances, or controlled substances is a danger to yourself and to others. If you operate a vehicle under the influence with a children present, you may face additional charges of child neglect.

Florida Statute Section 827.03 covers the various definitions, laws, and penalties surrounding child abuse and neglect.

“Child neglect” is defined as the caregiver’s failure to provide a child with the care, supervision, and services necessary to maintain the child’s mental and physical health. This can include providing food, shelter, clothing, supervision, or medicine. Child neglect is also referred to the failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person.

Based on this definition, a person who commits a DUI offense with a child present may also face a charge for child neglect.

A person who willfully or by culpable negligence neglects a child without causing great bodily harm, permanent disability, or permanent disfigurement can face a third-degree felony. The penalties for a third-degree felony include:

• Up to a $5,000 fine
• Up to five years of imprisonment

A person who willfully or by culpable negligence neglects a child, and in doing so causes great bodily harm, permanent disability, or permanent disfigurement can face a second-degree felony. The penalties for a second-degree felony include:

• Up to a $10,000 fine
• Up to 15 years of imprisonment

Additional Penalties

In addition to the Statute penalties, a person convicted of DUI with a child present could also face additional consequences. In certain criminal cases involving children, the Florida Department of Children and Families (DCF) may become involved. They could potentially perform regular visits to your home, review your parenting skills, or your child’s well-being.

It is also important to note that if you share custody of your children with an ex-partner, getting convicted of a DUI offense may be considered a “significant change in circumstances” for domestic relations. In some scenarios, this can affect the time you are allowed to spend with your children.

Disclaimer: Pumphrey Law Firm only handles cases involving criminal charges and prosecution. You may need to consult a civil attorney for concerns regarding child custody. 

Example Case

• May 2023 – The Polk County Sheriff’s Office arrested Ashauntie Cox, 32, after fleeing from two crashes and injuring her two children in a DUI case. The report states that around 8pm on May 19, 2023, Cox was driving southbound on Highway 27 when she hit a Chevrolet pickup truck. Cox fled from the scene at a high speed, which involved her weaving in and out of traffic until she rear-ended a Honda SUV. The second collision caused Cox’s vehicle to flip multiple times. Her five-year-old and 8-year-old children were both ejected from the vehicle and had to be rushed to the Tampa General Hospital in critical condition. Cox had an additional adult passenger in her vehicle who also sustained serious injuries. When police arrived at the scene, the responding deputies found a bottle of tequila and detected the smell of marijuana in Cox’s vehicle. She admitted to police that she had four shots of tequila and had smoked marijuana earlier in the day. She was on the way to her children’s kindergarten graduation. Cox has been charged with three counts of DUI with serious bodily injury, two counts of negligent child abuse with great bodily harm, reckless driving, and DUI with property damage.

Contact a Tallahassee Defense Attorney

Florida takes drunk driving very seriously. Whether it is your first offense or fourth, the consequences of DUI are severe. You can face exceptionally expensive fines and long-term prison sentences if you are convicted. When there are aggravating circumstances such as the presence of children in the vehicle, Florida prosecutors will likely try and impose the harshest of penalties.

If you or a loved one is facing charges for DUI with a minor present, it is in your best interest to work with an experienced DUI defense attorney. You need aggressive defense from a lawyer who understands the complex and nuanced laws surrounding drunk driving cases. Don Pumphrey and his attorneys have spent years representing those accused of DUI and are prepared to fight for you and your future. Contact Pumphrey Law Firm today for a free consultation when you call (850) 681-7777 or leave a message on our website.

Written by Karissa Key

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