DUI With Child Passenger

Contact Our Experienced Miami DUI Defense Lawyers

In addition to the penalties for DUI, Florida law also aims to protect minors who might be passengers in the vehicle of a driver accused of DUI. The law provides for enhanced penalties when a driver is transporting a child passenger under the age of 18 in a vehicle while under the influence of alcohol, drugs, or a controlled substance.

While a typical first-time DUI conviction in Miami or anywhere else in Florida carries a maximum sentence of six months in jail and a $1,000 fine, Section 316.193(4) of the Florida Statutes elevates a first-time DUI charge to maximum sentence of nine months in jail and a $2,000 fine if a DUI suspect is accompanied in the vehicle by a child under 18. A second DUI conviction with a child under the age of 18 in the vehicle carries a maximum sentence of 12 months and a $4,000 fine.

Florida law imposes the same penalties upon conviction for DUI with a child passenger as for DUI with a blood alcohol concentration (BAC) of 0.15 (which is almost twice the state's legal threshold of 0.08 in presuming intoxication). A person with a BAC anywhere over the legal limit of 0.08 who drives with a child passenger will face the same penalties as a driver whose BAC is 0.15 or higher.

Additional criminal penalties for first-time DUI with a child passenger include a minimum of six months of probation, along with the requirement to install and maintain an ignition interlock device (IID) for a minimum of six months after 10 days of vehicle impound or immobilization. Each of these penalties increases for a second or subsequent offense.

In some cases, Florida's child welfare agency, the Department of Children and Families (DCF), may open an investigation after a DUI with a child passenger charge is filed.

Contact Hubbs Law Firm online or call (305) 570-4802 for a free, confidential consultation with our Miami DUI defense attorneys. 

Attorney for DUI With a Child Passenger in Miami, Florida

If you were arrested for DUI with a child passenger under § 316.193(4) of the Florida Statutes, you should meet with a skilled DUI attorney to assist you in both the criminal and civil aspects of your case. The knowledgeable DUI lawyers at Hubbs Law Firm are experienced in defending DUI clients from South Miami and all over Miami-Dade County, including clients facing a charge of DUI with a child passenger.

Our founding attorney, E.J. Hubbs, is Board Certified in Criminal Trial Law by the Florida Bar. Board certification is the highest level of evaluation awarded by the Florida Bar and reflects competency and experience within an area of law and professionalism and ethics in practice.

A dedicated Miami criminal defense attorney, E.J. Hubbs is a tireless advocate in challenging the DUI charges that his clients face. With his capable knowledge of Florida DUI law, he may be able to find issues that question the DUI arrest, the DUI tests, or other aspects of the case—issues that may result in a reduction or dismissal of the charges.

An automatic driver's license suspension is required 10 days after a DUI arrest. Hubbs Law Firm assists clients in requesting a formal review hearing before the Florida Board of Administrative Reviews (BAR) and has helped numerous DUI clients obtain a temporary driving permit while fighting to invalidate the administrative suspension.

Hubbs Law Firm serves DUI clients throughout the Miami area and Miami-Dade County. Our clients come to us from Miami, Miami Beach, Coral Gables, Hialeah, Miami Gardens, Miami Springs, Tamiami, Kendale Lakes, Kendall, and Homestead, as well as other communities within and outside Miami-Dade County.

Contact Hubbs Law Firm at (305) 570-4802 today to schedule a free, no-obligation appointment to discuss your DUI with a child passenger case.

DUI With Child Passenger under F.S. Section 316.193(4)

A person who drives a vehicle while impaired by alcohol, drugs or a controlled substance while "accompanied in the vehicle by a person who under the age of 18 years" faces enhanced penalties upon conviction under the Florida Statutes, Title XXIII, Section 316.193(4).

Under Chapter 316, § 316.193(1) of the Florida Statutes, a person is guilty of driving under the influence if the person has a blood-alcohol level (BAC) of 0.08 or more grams of alcohol per 100 milliliters of blood or 0.08 or more grams of alcohol per 210 liters of breath.

A person may be charged with DUI, even if he or she consumed no alcohol if police suspect drugs or a controlled substance caused a driver to be impaired.