What happens if I get a DUI with a child in the car?: Fort Lauderdale DUI lawyer talks penalties

If you get a DUI with a child in the car in Florida it is a Felony. 


DUI is a serious crime in the state of Florida. Florida has some of the harshest DUI laws in the United States. Although there are many circumstances in which a DUI charge will only result in a misdemeanor, that is not the case when there are children involved. 


What is Driving Under the Influence? Florida DUI Attorney Explains

Per §316.193, Fla. Sta. (2019), a person is guilty of DUI if they are driving or in actual physical control of a vehicle under the following conditions:

  • The person is under the influence of alcoholic beverages (a blood alcohol level of 0.08 or higher), 
  • The person is under the influence of any chemical substance prohibited by the law, or any controlled substance. 
  • The person must be affected by any of the substances mentioned before to the point where their “normal faculties” are impaired.

Those conditions would be what classifies as a standard DUI. One where there were no passengers in the vehicle, no damage to another person or property, and no loss of life. If there is a child under the age of 18 years old in the vehicle at the time of the stop, however, it is no longer a standard DUI.

Enhanced DUI: Florida DUI Charge Penalties with Children in the Car

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DUI charges can become enhanced for multiple reasons. One of the reasons is having a child under the age of 18 years old in the car.


In that case, the normal penalties for a DUI are increased. If you get an enhanced DUI with a child in the car, the DUI penalties are increased to up to 9 months in jail, up to $2,000 in fines, and a mandatory ignition interlock device on your car


An ignition interlock device is a common requirement after a Florida DUI. It is essentially a small breathalyzer, installed on your car, that you must blow into in order to start the vehicle. 


This device will be installed at the owner’s expense on their vehicle or any vehicle in which they frequently operate. This device will remain installed for no less than 2 years. 

What to do if you were charged with an Enhanced DUI for allegedly  driving under the influence with a child in the car:

When handling any DUI or criminal case that involves the risk of large fines or jail time, it is always important to contact an attorney to discuss your case. 

The experienced DUI attorneys at Rossen Law Firm can look at the facts of your case and can explain the relevant laws. The attorneys at Rossen Law Firm will guide you through the process of dealing with the charges and allegations brought against you. With their breadth of experience representing clients in South Florida, they will be able to apply their past experience with prosecutors and judges in order to work for the best resolution for your future, and your case. 


To speak with our experienced DUI criminal defense attorneys, please call us today at (754) 206-6200 or (754) 999-2499 to schedule a FREE Consultation to see what we can do for you and your charges. The sooner you contact us, the sooner we can start working on your case. 

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