Enhanced Penalties with My DWI Charge Due To Children Being in the Vehicle

August 22, 2022
car key on the bar with spilled alcohol

Getting charged with a DUI with a child in car in Virginia has stiff penalties. 

Most states are cracking down on drunk driving offenses to protect their citizens more effectively. Virginia is one of the states with harsh penalties for DUI violations. A Virginia DUI attorney can help you deal with the penalties.

So, how does having children in the vehicle enhance your penalties in a DWI charge?

Virginia Penalties for DWI Charge

As a first-time offender, you face up to 12 months in jail, a fine of up to $2,500 with a $250 minimum, a license suspension of 12 months, alcohol counseling through the Alcohol Safety Action Program (ASAP), and a mandatory ignition interlock in your vehicle.

A second DUI charge could land you 30 days to one year in jail with a 10-day or 20-day mandatory minimum depending on how recent your prior offense was. Mandatory minimum jail sentences may also be enhanced further if the blood alcohol concentration (BAC) is elevated (over 0.15). Therefore, a DUI charge isn’t something you should leave to chance. The most effective action is to contact a Fairfax DUI lawyer to get the proper representation to fight your case. 

Enhanced Penalties for DUI with Child in Car

Having children in the car with you when you receive a DUI charge is yet another thing that makes the violation more severe. Not only are you putting yourself and other adults in danger, but you are endangering the life of the child with you in the vehicle.

That’s how the court will see the DUI violation, and it will issue greater penalties if the judge convicts you of it. The mandatory penalties that are statutorily proscribed for this include the following:

  1. Mandatory Stiff Fines

You will need to pay an additional minimum fine if charged with DUI with a child in a car on top of the fine for the DUI charge. The added fine could be as small as $500 and as much as $1,000 for a conviction of driving intoxicated with a child under 17.

2. Mandatory Jail Sentence

Drunk driving with child in car can also get you some time in jail. The judge will order you to spend at least five days in jail, and they will have the option to add additional time to your sentence as well. As with the fine, this is in addition to any other mandatory minimum jail time assessed for other reasons.

3. Additional Charges

You may be subjected to receiving additional charges such as abuse and neglect, which want increase your exposure to criminal penalties even more.

Why You Need a Virginia DUI Attorney

An attorney at Rudolphi Law can help you with your DUI case in numerous ways. A seasoned attorney there can take your information and evaluate the events leading up to when you got the charge.

They can provide you with steps to take to best prepare for your court date and may find a procedural error or other issues that can be helpful to your case. A seasoned attorney can also negotiate to ensure you receive the best possible outcome.

Don’t try to handle a DUI charge with a minor child on your own. Reach out and schedule a consultation with Rudolphi Law’s professional team of attorneys right away. Your future depends on it.