Does the minor raise the effect on how much the DUI is going to cost? 37 Answers as of May 22, 2013

I got a DUI on a suspended license with a minor in the car and the police report said the minor could have passably been intoxicated. Does the minor raise the effect on how much the DUI is going to cost? This is my first DUI offence. No additional charges like an accident has occurred.

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Steven Alpers | Steven Alpers
Yes the judge can give a higher fine or more jail time.
Answer Applies to: California
Replied: 9/5/2012
Anderson Law Office
Anderson Law Office | Scott L. Anderson
In MN having a minor in the car is a more serious offense, it is a gross misdemeanor.
Answer Applies to: Minnesota
Replied: 9/5/2012
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
A DUI with a minor in the caris bad. It's more jail time and more fines. You can also be charged with child endangerment. You need an attorney.
Answer Applies to: California
Replied: 9/4/2012
Law Office of Gregory Crain | Gregory Crain
Yes.
Answer Applies to: Arkansas
Replied: 5/22/2013
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
You will be charged with the offense(s) the prosecutor believes you committed. The effect for a DUI is the same.
Answer Applies to: Kansas
Replied: 9/4/2012
    Clinton Law Office | Michael Clinton
    Not where the DUI is concerned but there may be additional charges that relate to the minor in the car.
    Answer Applies to: Washington
    Replied: 9/3/2012
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    Being underage and charged with DWI does have some additional criminal consequences yes.
    Answer Applies to: New York
    Replied: 9/3/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    I don't know if the minor in the car has any effect on the range of punishment, so long as you were not charged with contrbuting to the deliquence of a minor. However, all of the facts taken together can be brought before the court for a proper penalty to be imposed if you are found guilty or you plead guilty. No judge is going to be happy that you may have had an intoxicated minor in your car.
    Answer Applies to: Alabama
    Replied: 8/31/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    You have more problems than a minor who may have some intoxication issue. Without some proof of the intoxication or at least ingestion, that might not have a major effect on the outcome. However, in many states, the charge of DUI may be a "B" level misdemeanor and carry up to 6 months. Driving on suspended may be an "A" level and carry up to a year.
    Answer Applies to: Missouri
    Replied: 8/31/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Probably not.
    Answer Applies to: Washington
    Replied: 8/31/2012
    Ryan Maesen PLC | Ryan Maesen
    If they charge you with child endangerment, that is a separate charge that is a more serious misdemeanor than OWI first.
    Answer Applies to: Michigan
    Replied: 8/31/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    A minor under the age 16 years in the vehicle will increase the severity of the DUI charge. If the minor is over 16 years and has been consuming alcohol will likely raise questions about who supplied alcohol to the minor. This would not affect the severity of your DUI charge but could result in a separate charge.
    Answer Applies to: Minnesota
    Replied: 8/31/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    Yes, it might. Having a minor in the car is an enhancement to the DUI. That means you could potentially be charge with, and convicted of a felony, which carries a stiffer fine than if you were charged with a misdemeanor.
    Answer Applies to: Utah
    Replied: 8/31/2012
    Brucar & Yetter, P.C.
    Brucar & Yetter, P.C. | Wayne Brucar
    There are a number of statutory enhancements available as a result of the situation you describe. Your costs and fines will be dependent on exactly what you plead to or are found guilty of.
    Answer Applies to: Illinois
    Replied: 8/30/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    You might be charged with reckless endangerment, hire an attorney, fast.
    Answer Applies to: Michigan
    Replied: 8/30/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    The minor in the car could impact your case. Best to get a lawyer.
    Answer Applies to: Nebraska
    Replied: 8/30/2012
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    If you are charged with child endangerment or contributing to the delinquency of a minor most lawyers would charge more. Typically the more you are charged with the more it costs.
    Answer Applies to: Georgia
    Replied: 8/30/2012
    Law Office of William L Spern | William Spern
    In MI, the only issue is how much you were intoxicated at the time of your arrest. If .17 or more, you can be charged with the new "super-drunk" law that imposes higher fines and license restrictions/revocations.
    Answer Applies to: Michigan
    Replied: 8/30/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Yes. You likely face multiple criminal charges, which each carry potential jail time, not just fines. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV upon your arrest. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does. When questioned, threatened, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
    Answer Applies to: California
    Replied: 8/30/2012
    Pietryga Law Office | Russ Pietryga
    Having a minor in the car is considered an aggravating factor. Below, is an exhausted summary of all the potential things that I could think of. As you can see, the aggravating factor makes the charge a class A misdemeanor as opposed to a class B misdemeanor. Hope this helps. *DUI/1st Offense **u** Aggravating Factors[1] * The Utah Driver License Division and the Utah Courts will impose sanctions on a person for being arrested and/or convicted of driving under the influence. The Utah Driver License Division may impose sanctions based on the person?s arrest. Additionally, the Utah Driver License Division will impose sanctions upon conviction. If convicted, Utah Courts will order mandatory sanctions. Additionally, there are a number of sanctions the Utah Courts may order. Listed below, are the *DUI/1st Offense/Aggravating factors *sanctions the Utah Driver License Division and Utah Courts may/will impose. *Crime:* Class A misdemeanor driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration. *(See, Utah Code Ann. 41-6a-502 and Utah Code Ann. **?** 41-6a-503(1)(b))* * * *Imprisonment: *Utah Courts may impose a jail sentence for up 1 year, but not less than, 48 consecutive hours. However, as an alternative to jail, the Utah Courts may order compensatory work service for not less than 48 hours; or require participation in home confinement through the use of*electronic monitoring *[2] . *(See, Utah Code Ann. **?**41-6a-505(1)(a)(i)(A), Utah Code Ann. **?**41-6a-505(1)(a)(i)(B), Utah Code Ann. **?41-6a-505(1)(a)(i)(C) and Utah Code Ann. ?76-3-204(1))* * * *Fine: *Utah Courts may order a fine of up to $2,500.00, but not less than $700.00. *(See, **Utah Code Ann. ?**41-6a-505(1)(a)(v) and Utah Code Ann. ** ?76-3-301(1)(c)**) * * * *Probation: *Utah Courts may order *supervised probation* [3] . *(See, Utah Code Ann. **?**41-6a-505(1)(b)(ii))* * * * * *DNA Specimen Analysis: *The Utah Courts must order the convicted person to provide a *DNA specimen[4] *. *(Utah Code Ann. **?**53-10-403(1)(a) and Utah Code Ann. **?**53-10-403(2)(a))* * * *Treatment: *Utah Courts must order participation in a *screening*[5]. And, an *assessment* [6] if found to be appropriate by the screening. The Utah Courts may order *substance abuse treatment* [7]if the *substance abuse treatment program* [8] determines that substance abuse treatment is appropriate. *(See, Utah Code Ann. **?**41-6a-505(1)(a)(ii), Utah Code Ann. **?**41-6a-505(1)(a)(iii), and Utah Code Ann. **?** 41-6a-505(1)(b)(i))* *Education: *Utah Courts must order participation in an *educational series * [9] if the Court does not order substance abuse treatment. *(See, Utah Code Ann. **?**41-6a-505(1)(a)(iv))* * * *Driver License Suspension: *The Utah Driver License Division and/or the Utah Courts will revoke the person?s license or permit to operate a motor vehicle *Utah Driver License Division*: If no request for a hearing is made to the Utah Driver License Division, the Utah Driver License Division will suspend the person?s license or permit to operate a motor vehicle in Utah for 120 days beginning on the 30th day after the date of arrest. *(See, Utah Code Ann. **?**41-6a-509(1)(a)(i)(A) and Utah Code Ann. **?** 53-3-223(7)(a)(i)(A))* * *If, after a hearing, the Utah Driver License Division determines that the police officer had reasonable grounds to believe that the person was driving a motor vehicle in violation of Utah Code Ann. 41-6a-502, the Utah Driver License Division will suspend the person?s license or permit to operate a motor vehicle in Utah for 120 days beginning on the 30th day after the date of arrest. *(See, Utah Code Ann. **?**41-6a-509(1)(a)(i)(A) and Utah Code Ann. **?**53-3-233(7)(a)(i)(A)* If the person fails to appear, on the date of the hearing, at the Utah Driver License Division, the Utah Driver License Division will revoke the person?s license or permit to operate a motor vehicle in Utah for 120 days beginning of the 30th day after the date of arrest. *(See, Utah Code Ann. **?**41-6a-509(1)(a)(i)(A) and Utah Code Ann. **?** 53-3-223(7)(a)(i)(a))* * *Upon receiving notice of conviction the Utah Driver License Division will deny, suspend or disqualify the person?s license or permit to operate a motor vehicle in Utah for 120 days. *(See, Utah Code Ann. **?**41-6a-509(1)(a)(i)(A), Utah Code Ann. **?**53-3-220(1)(a) and Utah Code Ann. **?**53-3-220(1)(a)(ii))* *Utah Courts*: The Utah Courts, upon conviction, may suspend a person?s license or permit to operate a motor vehicle for up to an additional 2 years beginning on the date on which the individual would be eligible to reinstate their driving privileges. *(See, Utah Code Ann. **?**41-6a-509(2)(a)(i) and Utah Code Ann. **?**41-6a-509(2)(a)(ii))* * * *Ignition Interlock: *The Utah Driver License Division and/or the Utah Courts will require the installation of an *ignition interlock system* [10]in motor vehicle operated by the person. *Utah Driver License Division*: The Utah Driver License Division will require the installation of an ignition interlock system in any motor vehicle operated by the convicted person for 18 months from the date of conviction. *(See, Utah Code Ann. **?**41-6a-518.2(1)(b)(i)(B))* *Utah *Courts: The Utah Courts may require, during the period of probation, the installation of an ignition interlock system on any vehicle the convicted person owns or drives. *(See, Utah Code Ann. **?** 41-6a-518(2)(a))* * * *Alcohol Restricted Driver: *For 5 years, from the date of conviction, the convicted person may not operate or be in actual physical control of a motor vehicle in Utah with any measurable or detectable amount of alcohol in the person?s body. *(See, Utah Code Ann. **?**41-6a-529(1)(c)(ii) and Utah Code Ann. **?**41-6a-530(1)) * * * * * *Enhancement: *Penalties for Driving Under the Influence (DUI) may be greater, or enhanced, if there are subsequent convictions for DUI or other alcohol-related driving offenses. For instance, a third DUI can be charged as a 3rd degree Felony if the person charged has 2 or more prior convictions for DUI or another related driving offense. For this to happen, the 2 prior convictions must have occurred within 10 years of the 3 rd DUI. *(See, Utah Code Ann. 41-6a-503)*
    Answer Applies to: Utah
    Replied: 8/30/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    In New York State it is called a DWI and if there was a minor in the vehicle it is a felony offense under Leandra'a Law. You should retain a good criminal lawyer to handle the matter. If you are indigent, and it appears that you qualify, you are entitled to as assigned attorney. You are facing a higher fine, 4 years in prison, and a longer term of revocation of your license if you are convicted. DWI is a very serious crime because thousands of people are injured and killed every year by drunk drivers. You may not get a jail term for a first offense, but the fines will be around $1,000 and your insurance could be as much as $10,000 a year in some cities. You will find it very hard to get a decent job with any DWI conviction, especially a felony. You will have to have an ignition interlock device installed in your vehicle for 6 months at a cost of $750. If you refused the breathalyzer it could be another $750 fine from DMV. It would have been a lot safer and cheaper to take a taxi. Make sure that you do not drive drunk again or on a revoked license or you will likely get a year in jail. You can get a break the first time, but if you get a felony conviction on this charge the judge will not give you probation on another DWI.
    Answer Applies to: New York
    Replied: 8/30/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A minor in the vehicle enhances the offense from a misdemeanor to a gross misdemeanor offense in the State of Minnesota on a first offense. A gross misdemeanor is punishable by up to 1 year in jail and a $3000 fine. In addition, there may be a lengthy license revocation. You should hire legal counsel.
    Answer Applies to: Minnesota
    Replied: 8/30/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It would need to know more of the facts. There are certainly additional issues.
    Answer Applies to: Michigan
    Replied: 8/30/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    The minor will have little if any effect on the punishment for the DUI. Your license was suspended and you are driving intoxicated. That is why the prosecutor will be talking jail time.
    Answer Applies to: Georgia
    Replied: 8/30/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    It's a felony charge so yes your legal fee will be more.
    Answer Applies to: New York
    Replied: 8/30/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    The minor in your car has nothing to do with how much a DUI will cost you. You could, however, be charged with child endangerment on top of the DUI and suspended license charge. You better contact a DUI specialist soon, because you are about to go on a long ride!
    Answer Applies to: California
    Replied: 8/30/2012
    Universal Law Group, Inc. | Francis John Cowhig
    Definitely. In addition to the DUI, the D.A. can file other charges against you such as child endangerment, child abuse, contributing to the delinquency of a minor, etc. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.
    Answer Applies to: California
    Replied: 8/30/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Yes driving drunk with a minor can aggravate and raise the fines etc.
    Answer Applies to: Michigan
    Replied: 8/30/2012
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    A DUI while suspended can be upgraded to a felony DUI even on a first offense. Having a minor in your car puts you in jeopardy of a 6 month jail sentence.
    Answer Applies to: Illinois
    Replied: 8/30/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Depends on what you mean by costs. Attorneys fees? Fines? There is no increase in the fines.
    Answer Applies to: Washington
    Replied: 8/30/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    I do not change my price for that But if charged with felony contributing to the delinquency of a minor, it will be more to defend.
    Answer Applies to: Colorado
    Replied: 8/30/2012
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    How old is the minor? Potential enhancements to the DUI charge, and potential child endangerment if the minor is young All of that with the suspended license....you need a lawyer.
    Answer Applies to: California
    Replied: 8/30/2012
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    It could. Get a good DUI attorney.
    Answer Applies to: California
    Replied: 8/30/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    Does not raise the cost, but it might increase the likelihood of a short jail sentence being imposed by the Judge. Consult with an experienced DUI defense attorney.
    Answer Applies to: Colorado
    Replied: 8/30/2012
    Abom & Kutulakis, L.L.P,.
    Abom & Kutulakis, L.L.P,. | Jason P. Kutulakis
    Yes there are likely mandatory sentencing minimums the court will required to be imposed.
    Answer Applies to: Pennsylvania
    Replied: 8/30/2012
    Rhoades & Miller, LLP
    Rhoades & Miller, LLP | M. Jason Rhoades
    The only way this could add to the charges is if the prosecutor decided to add a charge of Child Cruelty in the Third Degree, or Contributing to the Delinquency of a Minor. In any event, you need to get an attorney's help NOW!
    Answer Applies to: Georgia
    Replied: 8/30/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    No, but it could increase your chances of going to jail on the offense.
    Answer Applies to: Michigan
    Replied: 8/30/2012
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