The legal consequences of a DUI can be severe. But being caught driving under the influence with children in the car can make matters a lot worse. In addition to the DUI, the driver could face penalty enhancements and child endangerment charges. And if the driver was the parent of one of the children in the vehicle, child protective services (CPS) might get involved.
Child Endangerment
All states have some form of child endangerment laws. The details of state laws differ. But the goal of these laws is to prohibit an adult who’s responsible for the care of a minor to put that minor in danger.
Driving under the influence with kids in the vehicle is a textbook case of child endangerment. The whole reason drunk driving is illegal is that it’s dangerous. So adults who operate vehicles while under the influence with children in the car are putting those children at risk. In any event, this is almost certainly how police and judges are going to see it.
DUI offenders who get charged with child endangerment will be looking at two separate criminal charges (child endangerment and DUI) and, if convicted, can be punished for each conviction. Child endangerment can be a misdemeanor or felony, depending on the circumstances and the laws of the state where the conviction occurs. Misdemeanors normally carry up to $1,000 in fines and a maximum one year in jail. The penalties for a felony conviction can be quite a bit more severe and involve prison time.
DUI Penalty Enhancements
The DUI laws of many states include penalty enhancements for offenses involving child passengers. Some states apply enhanced penalties only if the child was under a certain age (for instance, younger than 16). In other states, the enhancements are applicable if the driver had any passenger who was under 18 years old at the time of the offense.
Generally, state DUI laws specify the minimum and maximum jail time, fine, and license suspension period for a DUI conviction. For instance, a first DUI conviction might carry two days to six months in jail, $250 to $1,000 in fines, and a six-month license suspension. With the child-passenger enhancement, a first DUI in the same state might result in double the normal penalties—four days to one year in jail, $500 to $2,000 in fines, and a 12-month license suspension. But this is just an example to illustrate how enhancements work in general. The specifics of DUI penalties and enhancements vary by state.
Loss of Custody
Drunk driving (or driving under the influence of drugs) can also lead to CPS opening a case. If a driver gets pull over for a DUI with his or her kids in the vehicle, there’s a good chance police are going to call CPS, especially if there’s no one who can immediately take custody of the children.
Every situation is different, and CPS generally has a number of options for dealing with a given case. So, driving under the influence with your kids in the car might or might not result in losing custody. But chances are—whether or not the children remain in the parent’s home—the parent is going to have to work with CPS and participate in services. These services are geared toward remedying the issues that lead to CPS involvement. In a DUI case, the parent’s services will likely include substance abuse treatment and education.