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Are DUI charges more severe if kids are in the car?

On Behalf of | Oct 28, 2024 | DUI/DWI

In New Jersey, as is the case in many other states, having minors in a vehicle is considered an aggravating factor in DUI cases. This means it adds to the seriousness of the underlying intoxicated driving offense.

New Jersey law treats DUIs involving children with stricter penalties because motorists engaging in this behavior put vulnerable passengers – most of whom are too young to effectively fight back against this scenario – at a truly elevated risk of harm. As a result, courts and prosecutors take these cases very seriously, often imposing harsher consequences to deter this behavior. Therefore, anyone who is accused of impaired driving with minors in their vehicle arguably need strong legal representation more than “everyday” alleged DUI offenders.

Increased penalties

If a person is found guilty of driving under the influence with a passenger who is 17 years old or younger, a driver can face significant penalties. These penalties can include additional fines, license suspension and mandatory community service.

For a first offense, drivers can expect a mandatory license suspension of up to six months, fines ranging from $1,000 to $5,000 and up to five days of community service. If the offense is repeated, the penalties will increase, including longer license suspensions and higher fines. In some cases, jail time may be considered.

Secondary consequences

Depending on their circumstances, an offending driver may also face charges for child endangerment. Convictions for child endangerment carry severe penalties, including jail time, fines and a permanent criminal record.

A DUI charge with children in the vehicle can also impact family-related matters, such as child custody and visitation rights. Courts often view this behavior as a sign of poor judgment, which can factor into custody determinations. A parent facing these charges may encounter obstacles in family court, as judges will consider whether they have placed their children at risk and assess whether changes to custody or visitation arrangements are warranted.

This is unquestionably a high-stakes situation. As such, seeking legal guidance as proactively as possible is generally wise.