Sarasota DUI with a Minor in the VehiclePublished: Nov 14, 2018 by Erika Valcarcel
If you are charged with driving under the influence, you could face additional penalties if a minor was in the vehicle. These penalties can include imprisonment, large fines, and the installation of an ignition interlock device on your vehicles. A Sarasota DUI attorney can help if you are charged with DUI with a minor in the vehicle. Contact an attorney at Erika Valcarcel, Criminal Defense Lawyer, P.A. to schedule a free case consultation. Call us at (941) 363-7900 or use our online contact form.
What is DUI with a Minor in the Vehicle?
Under Florida Statute §316.193(4), you will be subject to enhanced penalties if you are convicted of a DUI, and, at the time of the offense, you were “accompanied in the vehicle by a person under the age of 18 years.”
To be convicted of the underlying DUI offense, you must have driven or been in “actual physical control” of a vehicle while:
- You were under the influence of alcohol, a harmful chemical substance, or a controlled substance such that it impairs your normal facilities; or
- You had a blood-alcohol level of 0.08 grams or more.
In order to face additional penalties, you may have been traveling with a minor, or a person under the age of 18, in the vehicle while you were committing a DUI.
DUI with a Minor in the Vehicle Penalties
If you are convicted of DUI with a minor in the vehicle, you will face the following penalties in addition to the standard punishments for DUI.
- No more than nine months for first conviction
- No more than 12 months for second conviction
- $1,000 to $2,000 for first conviction
- $2,000 to $4,000 for second conviction
- No less than $4,000 for third or subsequent conviction
- Installation of this device for at least six months for first offense and at least two years for second offense on any vehicle that you routinely operate and individually or jointly lease or own
If you are charged with DUI with a minor in the vehicle, you will face these punishments in addition to the standard penalties for DUI.
An Attorney at Erika Valcarcel, Criminal Defense Lawyer, P.A. Can Help
If you are charged with DUI with a minor in the vehicle, you should contact a Sarasota DUI attorney as soon as possible.
An experienced attorney will understand the weaknesses in the prosecutor’s case, what defenses you may have, and how to present evidence that will support your innocence. An experienced DUI attorney also will know how to negotiate with the prosecution and ask for leniency or sentencing alternatives.
Attorney Erika Valcarcel has extensive experience handling Sarasota DUI cases, including DUI with a minor in the vehicle. Her goal is to achieve the best possible outcome for your case. Call Erika Valcarcel, Criminal Defense Lawyer, P.A. today at (941) 363-7900 or use our online contact form to request a free and confidential consultation.