How do Consequences Change for DUI if There is a Child in the Vehicle?

If you have a child, you know that your first priority is making sure they are safe at all times. Even though we strive to keep our children out of harm’s way, sometimes things happen that cause our children to be put in danger, whether it is our fault or not. Having a child in the vehicle when you are arrested for driving under the influence is a serious situation. Not only do you face consequences if convicted for driving while under the influence, but that could be just the beginning of your worries. Illinois law has provisions for what happens when a person is arrested and convicted of DUI when there is a child under the age of 16 in the vehicle with them.

Consequences of being convicted of a DUI for a first offense can vary depending on the judge, but there is a good chance that you can receive court supervision as a sentence, which could keep a conviction off your criminal record. As long as you follow the rules of your court supervision, which typically include attending drug/alcohol counseling and/or community service, your case will be dismissed at the end of the supervision period. However, if a child was with you in your car during your first DUI, you face a minimum fine of $1,000 and at least 25 days of community service in a program benefiting children.

There are some situations in which you could be charged with a felony because you were carrying a child in the vehicle when you were arrested for DUI. If you got into a car crash while driving under the influence and a child was injured, you can be charged with a Class 4 felony, which comes with the possibility of up to three years in prison and up to $25,000 in fines. In addition to that, you face a mandatory fine of $2,500 and 25 days of community service in a program benefiting children. Penalties increase for second or subsequent offenses.

If you have been arrested for DUI and you had a child in the vehicle with you, you need to immediately contact a skilled Tinley Park, IL, DUI defense lawyer. At the Law Office of John S. Fotopoulos, P.C., we know how serious of a situation it is when you are charged with a DUI with your child in the vehicle. We have the experience you need to defend you against any charges you face pertaining to DUI or child endangerment. Call our office today at 708-942-8400 to schedule a free consultation.

Sources:

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