Drinking and driving are especially dangerous – and not tolerated – if you have a child in the car at the time of the DUI offense, says DUI attorney Claiborne Ferguson, of the Claiborne Ferguson Law Firm in Memphis, Tennessee. Here, he discusses DUIs and child endangerment.
If you have a child in the car with you when you are convicted of a DUI here in the state of Tennessee, it carries at least 30 days in jail. This is a result of what is known as the Drunk Driving Child Protection Act, which mandates added penalties for people convicted for DUI with passengers under the age of 18.
A DUI conviction is a Class D felony here in the state of Tennessee if the child suffers a serious injury. It’s a Class C felony of especially aggravated child endangerment if a child death is involved.
Jail time can be, at the minimum, 30 days, along with a mandatory minimum fine of $1,000. And both of these child-related penalties are added onto any other incarceration, fines and penalties which the driver may have already incurred as a result of the DUI conviction.
These can mean any of the following:
- Attending a drug and alcohol treatment program
- Participation in an alcohol safety DUI school program
- Payment of restitution to anyone who suffered personal injury or loss as a result of the DUI conviction
- Possible seizure of vehicle
- Possible revocation of driver’s license
Putting a child at risk is obviously never a good idea, as it is can have consequences on many levels. If you are charged with a DUI when a child is with you in your vehicle, the consequences can be harsh.
If this unfortunate incident should happen, immediately contact a qualified DUI attorney who has your best interests at heart. He will do everything in his power to help you avoid a conviction, and thus avoid both jail time and fines.
