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DUI With Minor Passenger in Florida
DUI with Child Passenger in Broward, Miami-Dade, and Palm Beach
In accordance with Florida Statutes § 316.193(4), individuals who are charged with a DUI and had a passenger under the age of 18 in the vehicle will face more serious consequences.
The enhanced penalties for a DUI with a minor child as a passenger entail a higher maximum jail term, an enhanced fine, and a mandatory installation of an ignition interlock device for a period of six months.
Judges and prosecutors in Fort Lauderdale, Miami, and Palm Beach consider DUI with a Minor Passenger very serious. One can expect the prosecutor or judge to demand additional conditions whenever a child is present during a DUI.
In the most serious circumstances, the driver might also be charged with felony child abuse or neglect. The Department of Children and Families (DCF) may be called to investigate, leading to additional defense considerations.
Dui Defense Attorney for South Florida
The Law Office of Sean Clayton, P.A. Expert Legal Services
At The Law Office of Sean Clayton, PA our dedicated attorneys vigorously defending DUI cases in Fort Lauderdale, Miami, and West Palm Bach, located in Broward, Palm Beach, and Miami-Dade Countis, Florida Our primary objective is to achieve optimal outcomes for our clients, which often involve having the charges dismissed entirely or reduced to the lesser offense of reckless driving.
Our attorneys have extensive experiences handling both case in all three counties and can advise you as to which course of action will best suit you. We encourage anyone accused of a DUI to consult with an attorney early in the process. To aid in deciding which attorney to hire, we have written some suggestions for you to read, here.
Penalties for DUI with Minor Passenger in Florida
Penalties for DUI with Minor in Broward, Miami, and Palm Beach
Pursuant to Florida Statute § 316.193, the court must impose the following enhanced penalties if a minor child under the age of 18 was present in the vehicle when the arrested individual was driving or in control of the vehicle:
- A fine ranging from a minimum of $1,000 to a maximum of $2,000 for a first DUI conviction.
- A fine ranging from a minimum of $2,000 to a maximum of $4,000 for a second DUI conviction.
- A fine of at least $4,000 for a third DUI conviction or any subsequent convictions.
Further, the maximum possible sentence is increased as follow:
- Imprisonment in jail for a period up to nine months for a first conviction.
- Imprisonment in jail for a period up to twelve months for a second conviction.
Finally, if a minor was in the vehicle, the installation of an ignition interlock device is mandatory for a period of six months for a first offense under this provision, and two years for a subsequent violation.