Serving What Happens When You Have Been Arrested for a DUI and There Is a Child in the Car?
A DUI arrest becomes significantly more serious when a child is present in your vehicle at the time of the alleged offense. South Carolina law imposes severe additional penalties on drivers charged with operating under the influence while transporting minors.
If you’re facing charges, you need an experienced DUI lawyer to immediately represent your interests. At The Law Offices of Brad C. Richardson, LLC, we protect the rights of clients confronting DUI charges involving children and fight to minimize the legal consequences you face.
Enhanced DUI Penalties
South Carolina prosecutors pursue aggravated penalties when defendants face DUI charges with a minor passenger in the vehicle. Courts impose harsher consequences beyond standard DUI sentencing. Enhanced DUI penalties may include:
- Increased jail time
- Higher fines
- Extended license suspension
- Mandatory ignition interlock device
- Community service requirements
- Alcohol treatment programs
In South Carolina, judges view DUI offenses involving children as particularly reckless conduct that endangers a vulnerable person’s safety. Our attorneys challenge the prosecution’s evidence and work to reduce charges or secure alternative sentencing options that avoid maximum penalties.
Criminal Child Endangerment Charge
Prosecutors frequently file separate child endangerment charges alongside DUI offenses when minors were present during the arrest. Additional criminal counts increase potential jail time and create lasting consequences:
- Felony charges possible
- Child abuse registry listing
- Custody implications
- Employment restrictions
- Professional license impact
Courts treat child endangerment allegations seriously because they involve potential harm to minors who depend on adults for protection. At The Law Offices of Brad C. Richardson, LLC, we build strong defenses that challenge the state’s ability to prove all elements of both DUI and endangerment charges beyond a reasonable doubt..
Mandatory Classes
Convictions for DUI with a child passenger typically require completion of several court-ordered educational programs and treatment courses. Defendants must attend alcohol education classes, parenting courses, and substance abuse counseling sessions as conditions of probation or sentencing.
Involvement of Child Protective Services (CPS)
When police arrest a parent or guardian for DUI with a child in the vehicle, they generally notify child protective services (CPS). CPS then investigates whether the child is at continued risk at home and may pursue removal of the child or impose supervision and safety measures.
Permanent Record
A DUI conviction involving a child passenger results in a lasting criminal record that can surface during background checks for jobs, housing, and professional licenses. South Carolina Code of Laws Section 56-5-2947 addresses DUI child endangerment and imposes increased penalties when an impaired driver transports a passenger under sixteen years old. Because these convictions are not eligible for expungement, prompt legal representation is essential to safeguarding your future opportunities.
Contact an Experienced DUI Attorney Now
DUI charges involving child passengers demand aggressive legal defense to protect your freedom, parental rights, and future. Call The Law Offices of Brad C. Richardson, LLC, at 843-488-3421 or complete our .online contact form to schedule a consultation with a DUI lawyer in South Carolina.