Drunk Driving With Children
Just when you thought the penalties associated with a Utah DUI could not get any worse it does. A first time DUI offense can result in over a thousand dollars worth of fines, having to use an interlock device on your car for months even years, becoming an alcohol restricted driver, going to jail, having to do an alcohol and substance abuse evaluation, and a victim’s impact panel.
But…if you drive drunk with a child under the age of 16 years as a passenger in your car you are facing much more serious consequences. In fact, the charge goes up an entire degree if you have a passenger under 16 years old in your car and you are driving while under the influence, which means the jail time could double leaving you with the potential to serve a year in jail.
In addition to the potential criminal penalties that come with a Utah DUI involving a passenger under sixteen years old you may also have to deal with a lawsuit in the juvenile court if your passenger was your child.
If you were driving with your son or daughter while under the influence of drugs or alcohol you may have to worry about being summoned to juvenile court for possible child abuse or neglect. The problem with juvenile cases is that the standard of proof is much lower than in a criminal case. In a criminal case the state has to prove guilt beyond a reasonable doubt. In a juvenile case for child abuse or neglect the state only has to prove by clear and convincing evidence.
If you have been charged with a DUI involving a passenger under sixteen years old our attorneys will protect you. We will also help you in a juvenile proceeding if your passenger is your child. Call us anytime at 801.413.1753 to set up a consultation.