DWI Arrest with Kids in the Car If a driver is drunk and driving with kids in the car, he/she may face serious penalties. Although every state has its own set of laws and penalties, drunk driving is illegal in every state. With kids in the car at the time of a DWI arrest, a person can be charged with child endangerment, as well as aggravated DWI.
Both crimes carry serious penalties in all states. Aggravated DWI in most states is considered a felony, rather than a misdemeanor. If there are kids in the car with a drunk driver, a charge of child endangerment can be added because this creates an element of reckless driving. If the kids are injured while in the car with a drunk driver, the driver can face steep fines of up to $$10,000 and a prison sentence of up to five years, just on the child endangerment conviction. A sentence for the DWI charges are added on top of that. In some states, there are increased penalties added when there is a child in the car who is under 18 years of age since children are considered minors. However, just having a child in the car is cause for a charge of aggravated circumstances which automatically raises a misdemeanor DWI offense to a felony offense. In many DWI cases, the drunk driver is actually the child’s parent. This brings up an entire set of additional consequences. In such cases, if the parent is charged and convicted of the DWI offense, he/she can lose custody of the child. If the drunk driver is a parent with sole custody of the child in the car, that child as well as any other children in the household can be placed in foster care until the outcome of the trial. If the parent is sent to jail, the children will be assigned temporary custody by another family member or sent to a foster home under the judge’s ruling. A DWI offense is a serious offense in all states. If arrested for a DWI offense, Wayne County bail bonds can help you with your arrest and spending time in jail until your case is settled.