DUI with a Minor Child in Your Motor Vehicle

If you were arrested for operating under the influence (OUI) while a minor child (under 18 years old) was in your motor vehicle, you will be subject to more severe punishment than you would be for the same offense without a minor child in your vehicle.

For conviction of a first offense:

• You will pay a mandatory minimum $500 fine but could be ordered to pay up to a $2,000 fine. In addition to any fine imposed, the court can order you to pay a probation fee and court costs.
• You will be subject to a jail sentence of up to one year with a 30 consecutive day mandatory minimum sentence that cannot be reduced or avoided by performing community service.
• After release from jail, you will be required to perform 100 hours of community service as a condition for the successful completion of probation.
• You will be required to have a substance abuse assessment, participate in a substance abuse treatment program including random chemical testing, if ordered.
• You will be required to submit to an interview and evaluation by the Department of Children and Families (DCF) to assess any ongoing risk you may pose to the minor child who was riding in your motor vehicle when you were arrested, and you will be required to cooperate with any programming, treatment, directives, or plan ordered by DCF.
• You will be subject to a court ordered 45-day suspension of your driver’s license or nonresident operating privilege, followed by installation of an approved ignition interlock device (IID) for one year in any motor vehicle you operate to fully restore your operator’s license or nonresident operating privilege.

The good news is, if you are eligible for the AEP to avoid a conviction for a first OUI offense, you will not be automatically disqualified because a minor child was in your motor vehicle when you were arrested. But make no mistake about it, a minor child in your vehicle when you were arrested will increase the chance a prosecutor may object to you being granted the program and more likely a judge will deny your AEP application. To minimize the risk of being denied the AEP and then facing up to one year in jail with a mandatory minimum jail sentence of 30 days, you need an experienced criminal defense lawyer like Attorney Paun representing you.

Please call us (860) 455-4202 for a free initial case consultation.