What if I Am Charged With a DUI While My Child Is in the Car? | DUI Attorneys, Wichita

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Jul 29, 2024, 10:15 ET

WICHITA, Kan., July 29, 2024 /PRNewswire/ -- No matter the circumstances, DUI charges can pose significant consequences to your life and reputation. And, if you're found with a child in the car at the time of your DUI charge, these penalties are only heightened. Our expert DUI Attorneys in Wichita at the McConnell Law Firm have decades of combined experience defending clients with DUI charges and are answering the question: What if I am charged with a DUI while my child is in the car? Keep reading to learn more.

Traditional DUI Penalties

Driving under the influence of alcohol or drugs is a criminal offense in all 50 states. While penalties will vary depending on the specifics of each case, traditional DUI penalties typically include monetary fines, license suspension or the revocation of a driver's license, potential jail time, probation, the required use of Ignition Interlock Devices (IID), and alcohol education and treatment programs.

Understanding Kansas Law
According to Kansas statute, all Kansas drivers convicted of a DUI face license suspension; however, the duration of the suspension for a first offense increases to one year if the offender's Blood Alcohol Content (BAC) is 0.15 or higher. Once the license suspension has been served, the offender is restricted to driving only with an ignition interlock device (IID) for a period of time and may face a $200 reinstatement fee. During the license suspension period, the driver may apply for a restricted license.

Click here to discover how DUI penalties are changing within the state.

What Are Sentencing Enhancements?

Sentencing enhancements are additional penalties imposed when certain aggravating factors are present in a DUI case. One of the most common aggravating factors is having a minor in the vehicle at the time of the offense, as this can lead to child endangerment charges—knowingly and unreasonably causing or permitting a child under the age of 18 years to be placed in a situation in which the child's life, body, or health may be endangered. If you are charged with a DUI while a minor is in the vehicle, you may be facing heightened penalties, including the following:

Increased Fines and Jail Time
Separate Child Endangerment Charges
Mandatory Parenting Classes
Extended License Suspension
Potential Felony Charges

"If you are charged with a DUI while a child is in the car, there is generally a 30-day sentencing enhancement attached," said Jonathan W. McConnell, founding DUI attorney at the McConnell Law Firm. "While penalties are still left up to the prosecutor and judge presiding over the case, an enhancement serves as a mandatory minimum sentence, and in some districts, you may not be eligible for a diversion."

Can This Affect My Custody?

One of the most significant concerns for parents charged with a DUI while their child is in the car is the potential impact on child custody arrangements. Family courts prioritize the best interests of the child, and a DUI charge with a minor involved can raise serious concerns about a parent's fitness to maintain custody. It's not uncommon that Child Protective Services (CPS) may want to investigate the situation further and monitor any ongoing risk. If you have been charged, it's important to contact a Wichita DUI attorney as soon as possible, as they may be able to help protect your driving privileges and navigate both administrative and criminal proceedings.

Have You Been Accused?

If you are facing DUI charges, we encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting one of our DUI attorneys in Wichita about the specifics of your case, it is always in your best interest to have a skilled attorney by your side from the beginning.

Request a Free Consultation

Do you or a loved one need the assistance of one of our DUI attorneys in Wichita? We encourage you to contact the McConnell Law Firm at (316) 243-5903 for a free consultation.

jonathanwmcconnell.com

SOURCE McConnell Law Firm