Colorado does not impose a statute that specifically addresses driving under the influence (DUI) with a child in the car. Instead, Colorado authorizes charges of both DUI and child abuse for someone committing a DUI with a child under 16 in the car. Therefore, you can still face increased penalties for committing DUI with a kid in the car.
A DUI and child abuse conviction can affect multiple different facets of your daily life, from child custody to driving privileges. With stakes this high, you cannot afford to navigate your case without the help of a seasoned criminal defense attorney. If you are charged with DUI and had a child in the vehicle at the time, you should contact an attorney as soon as possible. Our team at The Ferrell Law Firm, PLLC, can put our resources and experience to work on your behalf.
Key Takeaways:
- Being arrested for DUI with a child in the car in Colorado can result in charges for both DUI and child abuse.
- Penalties vary based on the specifics of the case, including potential jail time, fines, and loss of driving privileges.
- Defenses may include challenging the reliability of chemical tests or the legality of the traffic stop.
- It’s crucial to seek legal assistance due to the complex and serious nature of these charges.
What Happens If You Get a DUI with a Child in the Car?
If you are arrested for DUI with a child under 16 in the vehicle, you can face charges for driving under the influence and child abuse.
Colorado’s DUI statute prohibits the operation of a motor vehicle while under the influence of alcohol or drugs. In Colorado, “under the influence” means:
- The driver’s blood-alcohol concentration (BAC) is 0.08% or higher; or
- Their ability to drive is substantially impaired by drugs or alcohol.
Colorado law states that a person commits child abuse when they cause an injury to a child’s life or health or permit a child to be unreasonably put in a situation that poses a threat of injury.
Having a child in your car during a DUI is considered a misdemeanor if the child is not injured, but it is a class 3 felony if the child suffers an injury. And if a child dies while riding with someone committing a DUI due to criminal negligence, the child abuse charge is a class three felony. If the driver acted recklessly, the child abuse is considered a class two felony.The difference between criminal negligence and recklessness comes down to whether the actor was aware of the risks associated with their behavior. A person acts with criminal negligence when they fail to perceive a substantial and unjustifiable risk that a result will occur or that a circumstance exists. Your act would be reckless if you consciously disregard a substantial and unjustifiable risk that your actions will result in a certain undesirable outcome or event.
Penalties for DUI
If you get a DUI, the penalties in Colorado vary based on the number of prior drunk driving convictions you have on your record. A first-time DUI conviction can carry the following potential penalties:
- A minimum of 5 days and maximum of 365 days in jail;
- A fine of up to $1,000;
- License revocation for up to 9 months;
- Up to 96 hours of community service; and
- Substance abuse education classes.
A second DUI conviction carries a minimum 10-day jail sentence and a fine of up to $1,000. The minimum jail sentence increases to 60 days for a third DUI conviction, and you can lose your driver’s license for up to 2 years.
Penalties for Child Abuse
The penalties for DUI with a child in the car vary based on the circumstances of your arrest. If the child was not injured during the incident, the potential penalties include:
- Up to 364 days in jail, and
- A fine of up to $1,000.
If the child was injured in the incident due to criminal negligence, the potential penalties include:
- Between 2 and 6 years in prison,
- Mandatory parole for 3 years, and
- A fine of up to $500,000.
If the injury occurred due to recklessness, the potential penalties include:
- Between 4 and 12 years in prison,
- Mandatory parole for 5 years, and
- A fine of up to $750,000.
If the child dies in the incident due to criminal negligence, the potential penalties include:
- Between 4 and 12 years in prison,
- Mandatory parole for 5 years, and
- A fine of up to $750,000.
If the child dies due to recklessness, the potential penalties include:
- Between 8 and 24 years in prison,
- Mandatory parole for 5 years, and
- A fine of up to $1 million.
The penalties for child abuse will stack onto the penalties imposed for a DUI conviction. A child abuse conviction can also result in mandatory parenting classes, denial of custody or visitation rights, and the loss of your right to own a firearm.
Defenses to DUI with a Child in Car
A prosecutor must prove every element of DUI beyond a reasonable doubt to obtain a conviction for DUI or for committing DUI with a child in your car. Thus, if you can defeat an element of the DUI charge, you may be able to avoid a conviction for both charges. Common defenses to DUI charges include:
- Unreliable chemical test results,
- Lack of probable cause for the traffic stop,
- Improperly administered field sobriety tests, and
- Lack of proper Miranda warning.
Another potential defense is that the person in your car was over 16. An experienced criminal defense lawyer can review your case and determine whether a legal defense applies. We can present proof of the legal defense in our negotiations with the prosecutor and work to get your charges reduced or dismissed.
Were You Charged with Drinking and Driving with Children in the Car? Contact a Criminal Defense Lawyer Today
Charges for DUI with a child in the car can lead to significant time in prison, monetary fines, and other collateral consequences.
Our team at The Ferrell Law Firm, PLLC, has several traits that set us apart from other Colorado criminal defense lawyers. Our founding attorney, Michael Ferrell, has experience as a prosecutor and knows how to identify the weaknesses in the state’s case. He exploits those weaknesses to the advantage of his clients and increases the chance of a favorable outcome.Michael is dedicated to providing high-quality legal services to clients facing life-changing criminal charges. Contact our office today to schedule an appointment.
Michael, founder of The Ferrell Law Firm, PLLC, specializes in criminal defense and personal injury law. With a background in substance abuse treatment, he brings empathy and understanding to his legal practice. A former Deputy District Attorney in Arapahoe County, Michael has extensive experience prosecuting a wide range of criminal cases, including DUIs and domestic violence. His law degree from the University of Denver Sturm College of Law, combined with his hands-on experience in criminal law, positions him as a knowledgeable and effective advocate for his clients’ rights.
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