Legal Consequences of a DUI With a Child in the Car

September 19, 2020

If you make the decision to operate a motor vehicle under the influence of alcohol such that your blood alcohol concentration levels are above the legal limit, you may suffer legal consequences if you are stopped, arrested, and charged with a DUI (Driving under the influence of alcohol). However, if you are found operating a motor vehicle under the influence of alcohol with a minor child in the car at the time, you may also face charges of child endangerment. These charges will be added to an already established charge of DUI. Penalties for both charges are severe, and visiting with an experienced criminal defense attorney can assist you with your legal options.

 

DUI Charges in South Carolina

 

If you are arrested and charged with a DUI in the state of South Carolina, you may face serious consequences and penalties. The following is a brief outline of possible penalties you may receive after receiving a DUI. However, it is important to note that all of these penalties relate to DUI’s that have a driver with a blood alcohol concentration level of less than 0.10%. More than this alcohol content can increase the number of penalties.

 

  • First Offense: Up to 30 days in jail, $400 fine, and 6-month revocation of driver’s license.
  • Second Offense: Up to 1 year in jail, $5,100 fine, and a 1-year revocation of driver’s license.
  • Third Offense: Misdemeanor offense, up to 3 years in jail, $6,300 fine, and a 2 or 4 year revocation of driver’s license
  • Fourth or Subsequent Offense: Felony offense, up to 5 years in jail, and permanent revocation of a driver’s license.

 

Child Endangerment in South Carolina

 

If you are stopped while driving under the influence of alcohol, you will essentially receive two different criminal charges: DUI and Child Endangerment. According to the laws regarding child endangerment in the state of South Carolina, any person determined to have endangered a child will receive the following consequences:

 

  • Fines not more than one-half of the DUI charge (superior charge)
  • Imprisonment not more than one-half of the DUI charge (superior charge)
  • Driver’s license suspension for 60 days

 

Under certain circumstances, a driver that is found to have endangered a child by having them in a motor vehicle while operating the vehicle in an intoxicated state may also have their driver’s license permanently revoked. If you operated a motor vehicle under the influence of alcohol and caused bodily harm to the minor child as a result of a car accident, you may face felony charges, which results in a minimum of 1 year in jail and a mandatory minimum fine of $2,500 dollars.

 

Contact an Experienced Defense Attorney

 

If you are facing a DUI charge or a child endangerment charge in the state of South Carolina, contact an experienced defense attorney at the David Aylor Law Offices today at (843) 212-2684 to learn how we can help you today.

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