What happens if I get a DUI with a child in the car?: South Florida DUI Attorney Explains Consequences

750+ Reviews On
What happens if I get a DUI with a child in the car?: South Florida DUI Attorney Explains Consequences

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

DUI jail penalties infographic

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. 

Give us a call today:


What happens if I get a DUI with a child in the car?: South Florida DUI Attorney Explains Consequences
What to Expect at Your Free Initial Strategy Session with Rossen Law Firm
We Listen to Your Story
We Educate You
We Create a Unique Defense Strategy
a Free Consultation

    750+ Reviews On
    Google Reviews
    kevin tabronkevin tabron
    00:07 08 Sep 22
    In one of the most stressful times in my life, Rossen Law Firm was there for me. Leaving no stone unturned they provided patience and knowledge in every detail of my case. I’m very thankful and proud of this law firm family and especially of my lawyer, Scott Simmons for guiding, defending and helping me in every way possible. He and this law firm family come highly recommended from personal experience!!!
    Jason HigleyJason Higley
    15:24 26 Aug 22
    I had an unfortunate situation with a family member that lead to my arrest and being charged with DV Battery. This was the first time I had ever been arrested so I was very nervous and afraid of what was going to happen to me. After talking with Adam I decided to retain him and let me tell you this was the BEST decision I could have ever made. Adam made me feel so comfortable and confident that everything will turn out the best in my favor. He is professional, ethical and supportive. He was always available too answer any questions or concerns.Not to mention, his team at the office is awesome they are so friendly and welcoming. Anytime I had a question when I called the office they were able to guide me in the rightdirection. They always were in contact with me with any information or updates regarding my case. Adams team is GREAT!Adam delivered, my case was DISMISSED. So if you want an attorney the is gonna fight for you and get the job done retain the BEST there is Adam Rossen!!!
    Felix I HFelix I H
    13:27 28 Jul 22
    Adam Rossen and the team at Rossen Law took great care in handling my case. They are very professional, and get the job done. I was particular relieved to see just how much empathy they showed with me, and how effortless it was to be their client.I literally visited them twice. My initial consultation, and then to pickup the final docs. I have nothing but great things to say about these folks, and I would highly recommend them to anyone. Thanks Guys.
    Terry ChristopherTerry Christopher
    12:32 09 May 22
    I had an amazing experience with The Rossen Law Firm. The staff were very professional. Attorney Susan Lawson went above and beyond working on my case. We were thoroughly prepared for trial. Mrs. Lawson reviewed hours of body and dash camera footage multiple times and aggressively performed depositions on witnesses and law enforcement.The final outcome for me was the state dropped my case, due to the great work Susan and the Rossen team performed. I didn’t even need to go to trial.This law firm does not play around. They pay attention to detail and they FIGHT FOR YOU!Thank you Adam, team, and a special thank you to Susan for your amazing work! I really appreciate you.
    Ketiana ProvinceKetiana Province
    20:27 23 Mar 22
    My experience with Rossen Law Firm was excellent. From the consultation to the end.. My attorney Susan Lawson gave my son's case all the time and attention that was needed to be successful in court. She was confident during all the court proceedings. My favorite part was when she said we are family, never once my son and I were treated other then that. I very much appreciate the knowledge and support I received through Rossen Law Firm.
    Second DUI, 0.19 Breath
    DUI Charge Dismissed
    Federal Child Porn Possession
    Mandatory Prison Time Avoided
    Attempted Murder
    Charges Dismissed
    How We Win
    Second DUI, 0.19 Breath
    DUI Charge Dismissed
    Federal Child Porn Possession
    Mandatory Prison Time Avoided
    Attempted Murder
    Charges Dismissed
    Types Of Cases We Handle

    Rossen Law Firm’s legal team understands what’s at stake when you’re charged with a crime in South Florida. We’re committed to defending you and protecting your rights. Our legal team is ready to create a customized strategy for your case to fight for the best possible outcome. We handle Criminal, DUI, Federal, Domestic Violence, Marchman Act & Baker Act cases, and more.

    See All Practice Areas
    Get Your Free Download Instantly
    Our monthly newsletter keeps you up to date on the latest legal and community news
    Sign Up to Receive Our Monthly Newsletter
    View Details
    Free Booklet: 7 key rules you need to know to survive a Florida DUI as told by a South Florida DUI Attorney
    Arrested for a DUI in South Florida? Our DUI Defense Lawyers put together a FREE Florida DUI survival guide to help you know and fight for your rights & future
    View Details
    Free Domestic Violence Booklet reveals how what happens in the heat of the moment can have terrible legal consequences for you & your loved ones…
    Getting arrested for domestic violence charges in South Florida is scary. Free booklet written by an attorney reveals how to protect yourself & your family.
    View Details
    What To Do If You or a Loved One Is Arrested in Florida: Free Digital Arrest Survival Guide Booklet
    Free booklet helps you know What To Do If You or a Loved One Is Arrested in Florida. A criminal defense attorney walks you through the Florida arrest process
    View Details
    Get Help Now
    Take a moment to fill out the form on this page to get in touch with us, and we will get back to you shortly.