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Conway Criminal Law Blog

What Happens When You Have Been Arrested for a DUI and There is a Child in the Car?

When you have been arrested for a DUI in Marion, SC, and you have a minor inside your car at the time of your arrest, you may be charged with a DUI and child endangerment. It is immensely crucial to note that these are two separate charges that both come with harsh penalties.

If you are facing one or both of these charges, it is in your best interest to act quickly and discuss your case with a Marion, SC, criminal defense attorney experienced in handling both charges.

In addition to the DUI penalties, you can also face penalties for child endangerment. The criminal offense of child endangerment involves an individual who’s 18 years old or older driving under the influence of alcohol or drugs with a minor passenger. According to South Carolina law, a minor is an individual younger than 16 years old. A charge of child endangerment comes with the following penalties:

It is also worth noting that if you are the parent of the child involved in the case, you may face child endangerment charges if you allowed your child to be driven by the offender whom you knew or should’ve known was drunk during the incident. Also, if you were arrested for a DUI or child endangerment, or both, your child’s other parent can request sole or primary custody if you get convicted.

In addition, if your profession involves children or driving, you may lose your job or any professional license required for your line of work.

DUI and Child Endangerment Aggravating Factors in Marion, SC

When judges determine penalties for DUI and child endangerment, they will consider aggravating factors. Having a minor passenger during the DUI incident is already an aggravating factor. Other aggravating factors judges consider include whether or not it’s the offender’s first or subsequent DUI charge and if the DUI incident involves property damage, bodily injury, or death.

These aggravating factors will elevate the severity of the charges and consequently increase the penalties. Depending on the specific situation, a misdemeanor DUI may be bumped up to a felony DUI.

Whether you have been arrested for a DUI or DUI and child endangerment, our Marion, SC, criminal defense attorney will know how to handle your case. But you need to act fast to help ensure that we mitigate the potential consequences of these charges. To learn how we can help, schedule your case review with our Marion, SC, criminal defense attorney by calling our office at 843-488-4321 or contacting us online.