The Hoffman Firm The Hoffman Firm

DUI with Child Passenger

Miami Lawyer for DUI with Child Passenger Charges

Florida law takes a strict stance on drivers who operate vehicles on public roadways and waterways while intoxicated by alcohol or drugs, including prescription medication. This strict stance against DUI-related offenses is magnified when a driver is under the influence while carrying a child passenger.

If you are facing a DUI charge, especially one involving a child passenger, you need an experienced defense lawyer to help you with your matter as soon as possible.

Experienced DUI Defense for Miami and Fort Lauderdale Residents

If you were arrested for a DUI offense and had a passenger under the age of 18 in the vehicle, you need an experienced DUI attorney to fight for your rights in court – because the judge and jury will not be easily swayed in your favor without a solid defense backing you.

The Hoffman Firm has litigated these types of criminal cases and defended multiple clients facing DUI allegations, including DUI with a minor in the vehicle. With offices conveniently located in Miami and North Miami, Florida, The Hoffman Firm is able to effectively provide representation throughout Miami-Dade County, Florida, including but not limited to Aventura, Coral Gables, Miami, Miami Beach, Homestead, Doral, and Fort Lauderdale.

To schedule a free consultation, call us at (305) 928-1669 for Miami, 954-737-3004 for Broward County, or contact us online.

DUI with a Child Passenger in Miami, Florida

Driving under the influence is a serious criminal offense in Florida and the penalties imposed can vary greatly. This is because the facts surrounding a person's case play a very important role when they are charged with their alleged offense.

In Florida, there are a number of aggravating circumstances that could result in a person being charged with an enhanced form of a DUI, which would result in harsher penalties. One of the aggravating circumstances under Florida law is having a child passenger in the vehicle while person driving is intoxicated.

Under Florida Statute 316.193(4), a person has committed an enhanced DUI if the following circumstances are present:

  • the defendant was driving or in physical control of the vehicle;
  • a child under the age of 18 was in the vehicle;
  • the defendant's normal faculties were impaired;
  • the defendant's impairment was caused by consumption of a controlled substance; or
  • the defendant's impairment was caused by consumption of alcohol; and
  • the defendant's BAC was above the legal limit of 0.08.

Penalties for DUI with Minor in Vehicle

First DUI with Minor in Vehicle Conviction

  • up to $2,000 fine
  • up to nine (9) months in jail
  • up to twelve (12) months of probation
  • driver's license revoked for up to twelve (12) months
  • minimum 50 hours of community service
  • vehicle impounded for ten (10) days
  • ignition interlock device on vehicle for minimum of twenty-four (24) months

Second DUI with Minor in Vehicle Conviction

  • up to $4,000 fine
  • up to twelve (12) months in jail
  • max one (1) year revocation (outside of 5 years)
  • second DUI with minor in vehicle conviction - within five (5) years of previous DUI conviction
  • minimum of ten (10) days in jail (if within 5 years of previous DUI conviction)
  • 30 days impoundment of car (within 5 years of previous DUI)
  • minimum 5-year revocation (within 5 years) – hardship eligibility after 1 year

Third DUI with Minor in Vehicle Conviction – Outside 10 Years from Previous DUI Conviction

  • minimum of $4,000 fine (more than 10 years from previous DUI)
  • not more than 12 months in jail (if outside 10 years of previous DUI)
  • third DUI with minor in vehicle conviction - within 10 years of previous DUI conviction
  • minimum 30 days in jail (within 10 years of previous DUI)
  • 90 days impoundment (within 10 years of previous DUI)
  • minimum 10-year revocation (within 10 years of previous DUI) – eligible 2 years

Fourth or Subsequent DUI with Minor in Vehicle Conviction

  • not more than 5 years imprisonment
  • mandatory permanent revocation – no hardship reinstatement

Contact The Hoffman Firm for a Free Consultation

If you were arrested for DUI in Miami or Fort Lauderdale and a child was accompanying you in the vehicle, you need the assistance of an experienced DUI criminal defense attorney before it is too late.

The Hoffman Firm has assisted clients throughout Miami, Fort Lauderdale, Aventura, Coral Gables, Homestead, Doral, and the entire Miami-Dade County, Florida area.

Schedule your free consultation today by calling 305-928-1669 if your case is out of Miami, 954-737-3004 if your case is out of Broward County, or contacting us online. 

Why Should You Hire The Hoffman Firm? Here Are a Few Reasons:

  • Client-Focused Representation
    Our Firm is dedicated to client satisfaction. We are available 24/7 to help those in need.
  • Decades of Experience
    Attorney Evan Hoffman has over two decades of experience fighting for the accused.
  • Premier Criminal Defense Firm
    Experienced Attorney Evan Hoffman has handled some of the most high profile and complex cases.
  • Proven Track Record
    Client satisfaction is our top priority. At The Hoffman Firm we take great pride in our success and case victories.
  • Florida Former State Prosecutor
    Attorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.
  • Free Initial Consultation
    We offer free initial consultations to ensure that we have your best interests in mind.


We Will Fight to Protect Your Future
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