What is the penalty for a DUI and having two minors in the car?

Question

My son who is 15 and daughter who is 2 were in the car with my husband when he got pulled over and he was being a smart alek to the cops and got arrested for a DUI and 2 counts of reckless endangerment.

Larry Dunn · Answer

In Nevada the DUI law requires that a judge consider the fact that children   under the age of 15 are present in the vehicle as an aggravating factor  meaning  the judge can impose a more severe penalty up to 6 months in jail and  $1,000  fine. In some cases the Prosecutor may file separate charges of  Child  Endangerment as Gross Misdemeanors which have a maximum penalty of 1  year in  jail and $2,000 fine for each count.

Philip Hache · Answer

The penalty can be pretty severe, including jail time for the DUI, enhancements for having a minor under 14 years old, and reckless endangerment.  He needs to speak to a DUI defense attorney in your area as soon as possible.

Ernest Lee · Answer

He may be in serious trouble. He should hire counsel esp. in the first 10 days.

Joseph Dane · Answer

It depends.    If they file child endangerment charges or if they file a sentencing enhancement regarding having minors in the car.  His situation is certainly worse with the children in the car.  What will really matter regarding his outcome is the facts of the case, what he does from now until his court date and what his lawyer can work out on his behalf.  He only has 10 days from the date of his arrest to request a hearing with the DMV or they'll automatically suspend his license for 4 months.  Time for a lawyer.

Terry Nelson · Answer

Every misdemeanor carries up to 6 to 12 months in jail potentially. He just got three such charges. Plus, you risk Social Servicers bringing Petition in Dependency Court to take custody of the children. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV upon your arrest. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing and present any supporting evidence and testimony.  If you don't know how to do these things effectively, then hire an attorney that does.  When charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do?  Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.

Steven Alpers · Answer

Hard to say. The minors in the car are definitelty a factor the DA and Judge will look at when plea bargaining the case, but alot depends on the situation how dangerous the driving was and the arguments of you son's attorney.

William Spern · Answer

First DUI is up to one year. Reckless endangerment is up to five years each. The sentences will run concurrent.

Jeff Yeh · Answer

The charge of child endangerment (2 counts for 2 kids) is separate from the DUI. It can even be a felony. Contact a DUI specialist before things get out of hand. Remember he has only 10 days to save his license at the DMV.

John Brennan · Answer

Is this his first? I need more information, including where this occurred. It is serious and he needs an aggressive attorney.

Michael Nichols · Answer

Child endangerment which could be 180 days in jail plus a 90 day suspension of driving privileges.

Steven H. Fagan · Answer

In Illinois, assuming this is a first offense DUI, your husband faces a misdemeanor, but a minimum mandatory 6 months in jail if the minors were under 16 years old. If this is not his first offense, those facts would make this a felony. In any case, this is serious and your husband needs to be represented by an experienced DUI lawyer familiar with the Court where his case will be heard.

Timothy Klisz · Answer

Most likely a total of 93 days in jail unless he has another record of some kind. He needs an attorney ASAP.

Jason Savela · Answer

Child abuse is an additional charge to DUI and other driving charges. Some important information- If you have been served with a Notice of Revocation, then you have 7 days to request a hearing.  Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing.  They will give you a form.  DO NOT REQUEST THE OFFICER.  We can do that later if we choose to, but most often it means you will lose.  The receipt DMV gives you allows you to drive until the day of the hearing.    Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.

Michael Palumbo · Answer

It's a felony, retain counsel.

Leonard A. Kaanta · Answer

6 points, $200 to $1,000 fine, and 5 days to to 1 year in jail, 30-90 days community service, suspension/restricted license 90/180 days and possible immobization for 180 days.

Stephen Freeborn · Answer

Each charge is punishable by a year in jail and a $5000.00 fine. This means that a judge could sentence your husband to 3 years in jail and a $15,000.00 fine if he is convicted on all three counts.  How much jail time he actually gets depends upon the facts of the case and any prior criminal history that he might have, especially if he has any prior DUIs.  These charges are serious.  He should have an attorney.

Gregory Casale · Answer

The penalty is up to 2.5 years in jail just for the DUI, plus each charge can be sentence to start after the first has been satisfied. However, it is highly unlikely to go to that extent. It will depend, to a great degree on how intoxicated he was for starters. Additionally, if he is not found guilty on the drunk driving charge (it is actually OUI in Mass) then the reckless endangerment may not stand either. I strongly suggest he get a good defense lawyer, familiar with OUI defense. It is somewhat of a specialty area as it is such a commonly charged crime. There are also many options to use in defense. I would focus on hiring the right attorney.

Jason P. Kutulakis · Answer

There are mandatory minimum sentences required to be imposed by the court when minors are in the car. You should consult with and retain an attorney.

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What is the penalty for a DUI and having two minors in the car?

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