Don't Be Charged With A DUI With A Minor In Your Car
If you believe that you are being falsely accused of a DUI, having your charges dropped is always essential. This is more so the case when you have children as passengers in your car depending on the state you reside in. Some states charge additional penalties for those who drive under the influence with children in the car.
Penalties for a DUI with a Child in Your Car
If someone is in your car who is under the age of 18, you will be charged with a mandatory minimum of five days in prison. Also, if you are the parent of the child and you showed disregard for the life of your child, you may also be charged with a felony for your DUI. You may also be charged with felony reckless endangerment.
If the underage passenger is also found to have alcohol in their blood, you might be charged with contributing to the delinquency of a minor. If you are facing any of these penalties, you will want to speak with a DUI law attorney immediately.
Common DUI Defenses
There are several ways that you might be able to have your DUI charges reduced or dropped. One of the most common defenses is to argue that the method used by the police officer to test you for the presence of alcohol was not executed properly. The breathalyzer device might have been defective.
Or, you may have agreed to have a blood test performed and the blood sample was not properly stored. This can lead to the blood test deteriorating and appearing to contain a higher quantity of alcohol in the blood than what was actually present.
Depending on the state you are in, you may be able to argue that you were not actually driving your car. To be convicted of a DUI, some states require that it be possible for you to easily drive your car. For example, if you don't have your keys, you cannot be charged with a DUI. Other states require that you move your car a few inches before you may be charged.
You may also challenge the officer's claim that they had reasonable suspicion that you were engaged in a crime. Having a gut feeling of a crime being committed is not enough and the officer must also have evidence such as your car swerving. Make sure to explain all the details of your case to an experienced DUI attorney.
If you have additional questions, contact a local DUI attorney.