DUI with Minor Passenger in Florida

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Facing an arrest for DUI is an incredibly jarring, humiliating, and anxiety-inducing experience. To add to the stress of this criminal case, you have only ten (10) days to preserve your driving privilege in a separate administrative proceeding. Once released from jail, the daunting task of finding the right DUI defense attorney begins, and time is of the essence if you want assistance navigating both the criminal and administrative aspects of your case. The Law Office of Sean Clayton, PA in Fort Lauderdale stands ready to assist.

The stakes couldn’t be higher, as a DUI conviction leaves an indelible mark on your criminal record. It’s a stain that cannot be erased or expunged. Furthermore, it triggers a significant increase in car insurance premiums and sets off a chain of costly indirect consequences that may haunt you for a lifetime.

In accordance with Florida Statutes § 316.193(4), individuals who are charged with a DUI and had a passenger under the age of 18 in the vehicle will face more serious consequences. The enhanced penalties for a DUI with a minor child as a passenger entail a higher maximum jail term, an enhanced fine, and a mandatory installation of an ignition interlock device for a period of six months.  Judges and prosecutors in Fort Lauderdale, Miami, and Palm Beach consider DUI with a Minor Passenger very serious. One can expect the prosecutor or judge to demand additional conditions whenever a child is present during a DUI.

In the most serious circumstances, the driver might also be charged with felony child abuse or neglect. The Department of Children and Families (DCF) may be called to investigate, leading to additional defense considerations..

To avoid these dire repercussions, your best course of action is to engage an attorney who will challenge the administrative suspension of your driver’s license through a formal review hearing and vigorously defend against the criminal charges in court. Successfully avoiding a DUI or reckless driving conviction may make you eligible to seal or expunge your record, offering a glimmer of hope for a brighter future.

Consulting with an attorney provides valuable insight into your eligibility for diversion programs, guidance on efficiently fulfilling required sanctions, and an evaluation of whether contesting the charges aligns with your best interests. They can help you navigate the complexities of the legal system, ensuring informed decisions that support your goals.

At The Law Office of Sean Clayton, PA, our dedicated team of attorneys specializes in providing vigorous defense for DUI cases involving property damage in Fort Lauderdale, Miami, and West Palm Beach. Our primary objective is to achieve the best possible outcomes for our clients, often resulting in complete dismissal of charges or reduction to the lesser offense of reckless driving.

Additionally, we offer invaluable guidance to our clients throughout the administrative proceedings with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). Our advice includes strategic approaches that may enhance their chances of a favorable resolution. Ultimately, our goal is to assist clients in minimizing the long-term consequences associated with a DUI charge.

Following a DUI with property damage arrest in Fort Lauderdale or anywhere in South Florida, you will encounter two distinct cases:

1. Administrative Case: This case with the DHSMV focuses on the suspension of your driver’s license.
2. Criminal Case: The criminal case unfolds in the courts.

Our experienced DUI lawyers handle both types of cases across South Florida and can provide expert guidance on the best course of action for your situation.

We strongly encourage anyone accused of DUI with property damage to consult with an attorney early in the process. For assistance in selecting the right attorney, consider reviewing our Tips for Selecting a DUI Attorney.

Mounting a DUI defense demands in-depth technical expertise and litigation skills. It stands as one of the most diverse areas of legal practice, encompassing challenges related to technology, procedural intricacies, and legal principles—each contingent on the revelations during the discovery process.  To narrow down potential defenses in your specific case, consider scheduling a consultation with one of our experienced DUI lawyers in Fort Lauderdale. Our services extend to clients in Broward, Miami-Dade, and Palm Beach County 

Pursuant to Florida Statute § 316.193, the court must impose the following enhanced penalties if a minor child under the age of 18 was present in the vehicle when the arrested individual was driving or in control of the vehicle:

• A fine ranging from a minimum of $1,000 to a maximum of $2,000 for a first DUI conviction.
• A fine ranging from a minimum of $2,000 to a maximum of $4,000 for a second DUI conviction.
• A fine of at least $4,000 for a third DUI conviction or any subsequent convictions.

Further, the maximum possible sentence is increased as follow:

• Imprisonment in jail for a period up to nine months for a first conviction.
• Imprisonment in jail for a period up to twelve months for a second conviction. 

Finally, if a minor was in the vehicle, the installation of an ignition interlock device is mandatory for a period of six months for a first offense under this provision, and two years for a subsequent violation.