Driving under the influence (DUI) is a criminal charge that can vary widely from case to case. Because
every case is different, the unique facts and circumstances involved will
determine the severity of charges and potential penalties a motorist will face.
In Florida, there are a number of aggravating circumstances that can result
in elevated DUI charges and penalties. One such circumstance is having
a minor passenger in the vehicle. According to Fla. Statutes § 316.193(4),
motorists can be prosecuted with this enhanced charge
if they drive under the influence of alcohol or drugs with a passenger under 18.
Penalties for DUI with a child passenger can vary depending on the facts
involved, including whether a motorist has previous DUI convictions on
their record. Generally, you can expect the following penalties:
- Fines between $1,000 and $2,000 for a first offense. Fines will increase
with each subsequent conviction.
- Imprisonment of up to 9 months for a first offense, or up to 1 year for
a second offense.
- Mandatory installation of an Ignition Interlock Device (IID).
- Mandatory completion of a DUI program
- Probation
Remember, there are many other circumstances that can result in enhanced
charges. If multiple aggravating circumstances are involved in your case
– including accidents, injuries, prior DUI convictions, or high
blood alcohol content (BAC) levels – penalties can be increased considerably. It is also possible
for motorists to face felony charges for child abuse or child neglect
under Florida law.
Florida takes a tough stance on driving under the influence, and this charge
in particular. For example, many other states enforce enhanced charged
for DUIs involving minor passengers only when passengers are under the
age of 15. Given the severity of this charge and the serious penalties
at stake, experienced representation becomes key to protecting one's
freedom and future.
If you have questions about your
DUI charge and how our
Miami DUI defense attorneys can fight to protect your freedom and future,
contact Parks & Braxton, PA for a FREE consultation.