DUI with Child Passenger
Florida law takes a strict stance towards drivers who drive 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 child is a passenger in a vehicle under the control of an intoxicated person.
If you are faced with a DUI charge, you need an experienced DUI with a child passenger defense attorney to help you with your matter as soon as possible.
DUI Defense Attorney in Miami-Dade County, Florida
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 criminal defense attorney to fight for your rights on your behalf.
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, misdemeanor DUI, felony DUI, and intoxicated manslaughter. 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, and Doral.
Contact us today at (305) 249-0090 or submit an online contact form to have a seasoned DUI criminal defense attorney review your case and discuss your legal options.
DUI with a Child Passenger in Miami, Florida
Driving under the influence is a serious criminal offense in Florida and the penalties impose 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 when person driving is intoxicated.
Under Florida Statute 316.193(4), a person has committed this enhanced DUI if the following circumstances were present:
- The Defendant was Driving or in Physical Control of the Vehicle,
- A Child under the Age of 18 was Present 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 in Miami-Dade County
- First DUI with Minor in Vehicle Conviction
- Up to $2,000 Fine
- Up to nine (9) months in Jail
- Up to one 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 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 year revocation (outside of 5 years)
- Second DUI with Minor in Vehicle Conviction - Within Five Years of Previous DUI Conviction
- Minimum of 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 yr
- 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 2yrs
- Fourth or Subsequent DUI with Minor in Vehicle Conviction
- Not more than 5 years Imprisonment
- Mandatory permanent revocation – no hardship reinstatement
The Hoffman Firm – Enhanced DUI Defense Attorney in Miami, Florida
If you have been arrested for DUI in Miami-Dade County, Florida 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, Aventura, Coral Gables, Homestead, Doral, and the entire Miami-Dade County, Florida area.
Contact The Hoffman Firm at (305) 249-0090 or submit an online contact form to schedule your free initial consultation to have your case reviewed by an experienced Miami DUI criminal defense attorney today.
Evan A. Hoffman
Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.Read More
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