DUIs with Children in the Vehicle: What You Should Know

Driving while ability impaired (DWAI) or driving under the influence (DUI) are both types of criminal charges in Colorado that can arise out of alleged incidents of drunk or drugged driving in the Denver area. Whether you are facing a first-time offense or a subsequent offense, these types of criminal charges are serious enough on their own. If you were arrested for a DWAI or DUI and had a child passenger in your vehicle with you, you are likely facing additional serious charges connected to child abuse under Colorado law. Our Denver DWAI and DUI defense lawyers can provide you with more information.

Understanding DWAI and DUI Charges

Under Colorado law, you can face DWAI charges for driving while ability impaired or a DWAI per se for having a blood alcohol concentration (BAC) of 0.05 or higher but less than 0.08 percent. You can face DUI charges for driving under the influence — a more serious offense than a DWAI — or a DUI per se for having a BAC of 0.08 percent or higher.

Both are criminal charges, even for first-time offenses. First offenses are typically charged as misdemeanors, but even a misdemeanor can come with a term of imprisonment and significant collateral consequences that can impact professional licenses and other matters. The criminal consequences can be much more serious if you have a child passenger in your vehicle at the time of an arrest.

Child Abuse Charges for Having a Child Passenger While Driving Under the Influence

If you are arrested for a DUI and charged, and you had a child passenger under the age of 16 in your vehicle at the time of the DUI, you can also face child abuse charges under CRS 18-6-401.

Child abuse will typically be charged as a separate misdemeanor offense if the child was simply in the vehicle and no injury occurred — to be clear, merely having a child passenger at the time of a DUI can result in misdemeanor child abuse charges. In the event a child passenger is injured in a DUI accident, then you will be likely to face felony child abuse charges. A child abuse conviction can have very serious collateral consequences, even a misdemeanor conviction — affecting your job, child custody, and much more.

Contact a Denver DUI Defense Lawyer for Assistance Defending Against Charges Related to Drunk Driving with a Child Passenger

Were you stopped by the police on suspicion of a DWAI or DUI with a child passenger in the vehicle and later charged with a criminal offense related to drunk driving? If so, as we discussed above, you could be facing very serious charges in connection with child abuse in addition to the DWAI or DUI charges you are facing. It is extremely important to seek legal advice as soon as possible to begin developing a defense strategy so that you can avoid a conviction. Not only can a conviction for these offenses result in jail time and a significant monetary fine, but you can also be subject to serious collateral consequences related to child custody and even your job. An experienced Denver DUI and DWAI defense attorney at DeChant Law can speak with you today to learn more about the details of the charges you are facing and to begin working with you on a defense strategy. Contact us for assistance.

Sources:

law.justia.com/codes/colorado/title-18/article-6/part-4/section-18-6-401/

codes.findlaw.com/co/title-42-vehicles-and-traffic/co-rev-st-sect-42-4-1301/