You Risk Additional Penalties If You’re Charged With a DUI or DWI With Children as Passengers in Virginia
It felt like any other Friday evening. Jon attended a backyard barbecue and enjoyed a few beers. He then proceeded to hop in his car to drive his son and daughter home. When a police officer pulled him over and charged him with a DUI, Jon didn’t know what to do next. Driving under the influence (DUI) is already a serious offense in Virginia. The consequences can become even more severe when a child is involved.
Along with possible fines and jail time, Jon has also jeopardized his relationship with his children. This hypothetical situation quickly becomes all too real for many Virginia drivers. If you have been charged with possible child endangerment in relation to a DUI or DWI, you need an experienced criminal defense attorney like James Short on your side.
Virginia Drunk Driving Law
Driving under the influence or driving while intoxicated is governed by Section 18.2-266 of the Code of Virginia. Under this law, you can be arrested for drunk driving if your BAC is over 0.08 percent. The same law applies to any narcotic or other intoxicant that impairs your ability to operate a motor vehicle, with some differences in concentration levels for various drugs, including cocaine, methamphetamine, PCP, or MDMA.
Possible Criminal Penalties for a DUI Conviction
A typical violation of Virginia’s drunk driving laws usually results in a Class 1 misdemeanor. Code of Virginia Section 18.2-270 outlines mandatory minimum punishments as follows:
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A fine of at least $250 (up to $2,500)
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Jail time for up to 10 days for a first offense
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A driver’s license suspension of at least one year
Subsequent offenses carry heavier penalties. A second offense has a mandatory minimum jail sentence of 10 to 20 days and a $500 fine. Three offenses in a 10-year period is a Class 6 felony, which may result in up to five years in jail and up to $2,500 in fines. In all felony convictions, the Commonwealth has the right to seize your vehicle.
DUI Penalties When You Have a Minor in the Car
Drunk driving with a minor in the car is considered a form of child endangerment. If you have a passenger in your vehicle aged 17 years or younger, you can face additional penalties on top of the consequences described above.
For a first offense, Section 18.2-270(D) of the Code of Virginia calls for:
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An additional fine of $500 to $1,000
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A mandatory minimum jail sentence of five days
The court also requires repeat offenders to provide 80 hours of community service focused on benefitting children. These additional penalties are enforced regardless of the relationship between the driver and the passenger(s). While Jon is a father of two in the hypothetical scenario above, the same law applies to friends, relatives, coworkers, or anyone else driving a person under the age of 18.
The Possibility of Felony Child Abuse or Endangerment
DUI child endangerment can be further complicated by reckless driving charges. Examples of reckless driving include excessive speeding or weaving through traffic while driving drunk. The courts may decide a a person arrested for a DUI was driving with reckless disregard for the safety of their minor passenger.
When their “willful act or omission in the care was so gross, wanton, and culpable as to show a reckless disregard for human life,” the charge is elevated to a Class 6 felony under Virginia Code Section 18.2-371.1. This requires a jail sentence of at least one year and up to five years.
If a child is injured in a drunk driving accident, the driver can be charged with a Class 4 felony. If convicted, the drunk driver can face a mandatory minimum of two years imprisonment, up to 10 years, and a possible fine of up to $100,000.
Additional Consequences and Repercussions You May Face
Along with criminal penalties like jail time and fines, a DUI child endangerment conviction can irrevocably impact other areas of your life. This is especially pertinent in cases involving child custody. Judges may see the DUI charge as a threat to the child’s safety, and you may lose child visitation rights or jeopardize a possible adoption.
DU charges can also affect employment. Job contracts may require you to disclose DUI arrests and convictions. DUIs may prevent you being given security clearance for certain positions, or if you work in transport or logistics, your commercial driver’s license (CDL) may be at risk.
Protect Your Future With an Experienced Criminal Defense Lawyer
The extensive repercussions of a DUI conviction, especially when child endangerment is involved, underscore the importance of hiring an experienced DUI defense attorney. Possible jail time and the impact of a DUI on child custody can irreparably shatter your future. This is not an allegation to be taken lightly.
It calls for the knowledge and experience of a criminal defense lawyer who has worked with DUI-related charges for years. James E. Short will help you develop a sound legal strategy to beat a DUI charge and move on with your life.
“Mr. Short carefully listened to my side of the case and presented all options while explaining the law in a way that I could understand,” writes E.S., a client who was charged with a DUI. Ultimately, James Short successfully convinced the prosecutor to drop some of the charges. “I was completely happy with Mr. Short’s performance, and if any of my friends need legal representation, I will wholeheartedly recommend him.”