What happens if you are arrested for a DUI with children in the car?


Being arrested for a DUI with children in the car significantly alters the charges and penalties of a DUI arrest. 

Review state laws for the specifics, but in general, the presence of a minor (typically considered someone under 16 for DUI purposes), may increase fines, time incarcerated, and may result in classification of the DUI as a felony (not a misdemeanor).

This effect is sometimes known as a DUI modification or aggravated DUI.

A felony DUI also leaves a more serious mark on the convicted individual's criminal record, which may disqualify them from some jobs, living spaces and much more.

Having children in the car also changes a judge or jury's view of the defendant, thereby affecting prosecution and defense tactics, usually making plea bargaining more difficult.

Because of the seriousness of the charges and the possibility of child endangerment charges, it is recommended that you consult an attorney if you are in this situation.

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