Facing DUI or OWI charges, even if they are a first offense, involves some severe consequences, such as fines and penalties. However, facing these charges when a minor is in the car can result in felony charges, hefty fines, and extensive prison time. Whether your charges involve drug or alcohol allegations, your defense attorney will consider all options to provide you with the best defense possible to ensure that your rights and freedoms are protected. Don’t give up on your future because we won’t. Contact the Hayes Law Office so we can explore your legal options as soon as possible.
Understanding DUI and Child Endangerment Laws in Indiana
Indiana OWIs typically start as a class C misdemeanor, with penalties of up to 60 days in jail and a fine of about $500. While these penalties may seem small, they will have far reaching consequences on the rest of your life and are only if there are no additional aggravating factors. If you are charged with a DUI in Indiana, the court will work to ensure that you are charged for any aggravating factors or anything that escalates the more simple DUI charges.
The Serious Consequences of DUI With a Child in the Car
The worst aggravating factor that you can have added to a DUI is when you have a minor in the car. Judges in Indiana take OWI/DUI cases that involve child endangerment very seriously, and they will impose stricter sentences that are harder to defend.
Having a child in the car when you are arrested for a suspected DUI charge shifts the case from a misdemeanor to a level 5 or 6 felony. These felonies can result in up to three years in prison and/or a fine of up to $10,000.
While this reflects the state’s commitment to protecting children, this is only the tip of the iceberg when it comes to the consequences that can get piled on when you are facing an OWI with a child in the car.
If you are arrested and face OWI charges when you have a minor in the car, you can face additional consequences like:
- Higher fines
- Prison time
- Additional Child endangerment charges
- CPS involvement
- Custody rights removed or battles
- License suspension
- Ignition interlock device
- Rehab programs
It's crucial to consult with an experienced legal team when you are arrested on DUI charges with a minor in the vehicle. They will be able to guide you through the legal waters and help defend you against all the additional charges that you may face. If you are arrested on these charges, you need to consult with an attorney as soon as possible so they can be involved in the process from the start and represent you so you don’t incriminate yourself further.
What to Do If You’re Arrested for DUI With a Minor in the Vehicle
The first thing you should do when you are arrested is to hire an experienced legal team to guide you through the process. The laws are not set up to protect your rights and freedoms, and you can easily incriminate yourself or get additional charges.
If you’re arrested for a DUI charge, you should:
- Let the officers know a minor is in the car
- Remain silent unless answering factual necessary informational questions
- Insist on your right to an attorney
- Don’t agree to anything without consulting your attorney
- Ask the officers if another guardian can pick up the child
It’s essential for the child to remain calm during the stop and ensure their safety. Working with the officers to ensure that another guardian picks the child up or that others know the child’s whereabouts. You could be facing a loss of parental rights or even custody if you’re arrested for a DUI with aggravating factors such as child endangerment.
If you are facing DUI charges that are false from officers who didn’t have probable cause or a legal traffic stop, you could lose parental rights for your children illegally. An experienced attorney can work to provide your case with the defenses you need to prove that you were not endangering your child.
Potential Defenses in DUI With Child Endangerment Cases
With an attorney by your side providing you with the guidance you need you may discover that there is not even enough evidence to support the charges you face. False DUIs and their charges are more common than you think. An attorney with a proven record of success can help you fight these charges and restore your parental rights.
Defense strategies:
- Breathalyzer errors
- Challenging the legality of the traffic stop
- Procedure issues in the stop
- Invalid field sobriety test
- Lack of evidence
Just because you are arrested doesn’t mean that you are guilty. Ensuring that the child is safe and cared for is the top priority; then hiring an attorney to defend your rights is next. The attorneys at Hayes Law Office successfully defends DUI/OWI charges on a routine basis, and they can walk you through your legal options.
How Hayes Law Office Helps With OWI in Indiana
Anyone who is charged with a crime deserves quality representation and a defense until they are proven guilty. If you have been arrested for a DUI, you have the right to defend yourself against the arrest and charges. When it comes to your children, you want to be able to protect them and remain in their lives without fear, and a false DUI arrest shouldn’t stop you.
Contact Hayes Law Offices today to experience our legal force. From complex cases to everyday legal issues, you can trust Hayes Law Office to provide the guidance and support you need.
