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In addition to the penalties for DUI, Florida law also aims to protect minors who might be passengers in the vehicle of a driver accused of DUI. The law provides for enhanced penalties when a driver is transporting a child passenger under the age of 18 in a vehicle while under the influence of alcohol, drugs, or a controlled substance.
While a typical first-time DUI conviction in Miami or anywhere else in Florida carries a maximum sentence of six months in jail and a $1,000 fine, Section 316.193(4) of the Florida Statutes elevates a first-time DUI charge to maximum sentence of nine months in jail and a $2,000 fine if a DUI suspect is accompanied in the vehicle by a child under 18. A second DUI conviction with a child under the age of 18 in the vehicle carries a maximum sentence of 12 months and a $4,000 fine.
Florida law imposes the same penalties upon conviction for DUI with a child passenger as for DUI with a blood alcohol concentration (BAC) of 0.15 (which is almost twice the state's legal threshold of 0.08 in presuming intoxication). A person with a BAC anywhere over the legal limit of 0.08 who drives with a child passenger will face the same penalties as a driver whose BAC is 0.15 or higher.
Additional criminal penalties for first-time DUI with a child passenger include a minimum of six months of probation, along with the requirement to install and maintain an ignition interlock device (IID) for a minimum of six months after 10 days of vehicle impound or immobilization. Each of these penalties increases for a second or subsequent offense.
In some cases, Florida's child welfare agency, the Department of Children and Families (DCF), may open an investigation after a DUI with a child passenger charge is filed.
Attorney for DUI with a Child Passenger in Miami, Florida
If you were arrested for DUI with a child passenger under § 316.193(4) of the Florida Statutes, you should meet with a skilled DUI attorney to assist you in both the criminal and civil aspects of your case. The knowledgeable DUI lawyers at Hubbs Law Firm are experienced in defending DUI clients from South Miami and all over Miami-Dade County, including clients facing a charge of DUI with a child passenger.
Our founding attorney, E.J. Hubbs, is Board Certified in Criminal Trial Law by the Florida Bar. Board certification is the highest level of evaluation awarded by the Florida Bar and reflects competency and experience within an area of law and professionalism and ethics in practice.
A dedicated Miami criminal defense attorney, E.J. Hubbs is a tireless advocate in challenging the DUI charges that his clients face. With his capable knowledge of Florida DUI law, he may be able to find issues that question the DUI arrest, the DUI tests, or other aspects of the case—issues that may result in a reduction or dismissal of the charges.
An automatic driver's license suspension is required 10 days after a DUI arrest. Hubbs Law Firm assists clients in requesting a formal review hearing before the Florida Board of Administrative Reviews (BAR) and has helped numerous DUI clients obtain a temporary driving permit while fighting to invalidate the administrative suspension.
Hubbs Law Firm serves DUI clients throughout the Miami area and Miami-Dade County. Our clients come to us from Miami, Miami Beach, Coral Gables, Hialeah, Miami Gardens, Miami Springs, Tamiami, Kendale Lakes, Kendall, and Homestead, as well as other communities within and outside Miami-Dade County.
Contact Hubbs Law Firm at (305) 570-4802 today to schedule a free, no-obligation appointment to discuss your DUI with a child passenger case.
DUI with Child Passenger under F.S. Section 316.193(4)
A person who drives a vehicle while impaired by alcohol, drugs or a controlled substance while "accompanied in the vehicle by a person who under the age of 18 years" faces enhanced penalties upon conviction under the Florida Statutes, Title XXIII, Section 316.193(4).
Under Chapter 316, § 316.193(1) of the Florida Statutes, a person is guilty of driving under the influence if the person has a blood-alcohol level (BAC) of 0.08 or more grams of alcohol per 100 milliliters of blood or 0.08 or more grams of alcohol per 210 liters of breath.
A person may be charged with DUI, even if he or she consumed no alcohol if police suspect drugs or a controlled substance caused a driver to be impaired.
A person is also guilty of the offense of driving under the influence if the person is driving or in actual physical control of a vehicle and is under the influence of alcoholic beverages, any chemical substance, or any controlled substance "to the extent that the person’s normal faculties are impaired."
Elements to be Proven for a Conviction in a DUI with a Child Passenger Case
Florida Statutes, Section 316.193(3) states that to prove the crime of DUI with a child passenger, the prosecutor must prove the following elements beyond a reasonable doubt:
- A person drove or was in actual physical control of a vehicle
- The person was under the influence of an alcoholic beverages, a chemical substance, or a controlled substance to the extent that the defendant's normal faculties were impaired
- The defendant had a blood or breath alcohol level (also known as BAC, or blood alcohol concentration) of 0.08 or more grams of alcohol per 100 milliliters of blood or 210 liters of breath
- A person under the age of 18 years accompanied the driver in the vehicle
Possible Penalties for DUI with Child Passenger
The Florida Statutes, §§ 316.193(4)(a-b) list the criminal penalties that are to be imposed for a first conviction of DUI with a child passenger under the age of 18:
- Jail sentence of up to nine months
- A fine of $1,000 to $2,000
- Ignition interlock device (IID) for six months
A second conviction imposes enhanced penalties:
- Jail sentence of up to 12 months; and/or
- A fine of $2,000 to $4,000
- Ignition interlock device (IID) for two years
The fine for a third or subsequent conviction shall not be less than $4,000, according to the statute.
Enhanced penalties may also be imposed if the driver had a BAC of 0.15 or higher.
Upon conviction, the court may impose additional requirements and penalties including:
- Community service hours
- Driver's license suspension
- Vehicle immobilization or impound
- DUI school
- DUI evaluation and treatment
- Additional fees and court costs
Contact Hubbs Law Firm Today
If you were charged with DUI with a child passenger in Miami or Miami-Dade County, you should contact Hubbs Law Firm for a confidential discussion about your case. At Hubbs Law Firm, we always offer a free initial consultation for potential DUI clients. We know the DUI laws and when we discuss your case, we can explain the charges, as well as the possible penalties that may be imposed and any possible defenses that may be pursued.
The investigation of your case by our team may expose issues that may aid us in your case, such as mistakes made by the police at the time of the traffic stop. Any errors may result in a reduction or dismissal of charges. Our primary goal in each DUI case we accept is to avoid a conviction and we will go to trial to fight for you if necessary.
Call Hubbs Law Firm today at (305) 570-4802 to schedule an appointment to discuss your DUI case with a criminal defense attorney who is prepared to fight for you.
- Florida Statutes, Title XXIII (Motor Vehicles), Chapter 316 § 316.193(4) — Driving Under the Influence — Read the Florida laws related to DUI and drunk driving offenses. Section 316.193(4) addresses the offense of DUI with a Child Passenger.
- Florida Standard Criminal Jury Instructions, Chapter 28 (Fla. Stat. 316.193) — Read the jury instructions provided by the Florida Supreme Court for DUI offenses. Section 28.1 of the jury instructions addresses DUI with a Child Passenger, while other sections of the chapter address other DUI offenses.
- Miami-Dade County Circuit Court — Find information on the county website about its criminal courts, including the DUI court. The criminal court for most DUI cases in Miami-Dade County is located at:
- Richard E. Gerstein Justice Building
1351 N.W. 12th St.
Miami, FL 33125
- Richard E. Gerstein Justice Building
Attorneys E.J. & Erika Hubbs
As professional Miami criminal defense attorneys, we take every case personally give every client the deliberate care it deserves. Our clients become part of our family and we fight relentlessly for their rights. Read more about us to find out how we can help you.
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