Sentencing enhancements greatly increase court punishment in a Florida DUI / DWI conviction. Drivers who had a child in the car at the time of arrest face additional fines and possible jail time. A Florida attorney experienced in defending drunk driving cases will use a proven defense strategy to fight both the sentencing enhancement and the underlying charge of drunk driving.
An accused DUI / DWI driver who had a child in the vehicle at the time of arrest risks a child abuse charge as well as a sentencing enhancement. Just like the drunk driving charge, the sentence enhancement must be proven beyond a reasonable doubt by the prosecutor.
Anyone facing this serious allegation may want to consider a plea bargain if one is offered. In a negotiated plea agreement, the driver receives sentencing consideration or reduced charges in exchange for pleading guilty.
Accepting a plea bargain in a case involving kids is often in the best interests of an accused drunk driver and his or her family. DUI / DWI arrests, particularly involving a parent, can be extremely traumatic for a child. A skillfully negotiated plea bargain can prevent any additional trauma for the children involved.
A first- or second-offense drinking and driving conviction where there were children in the car carries double the fine of a DUI / DWI offense where no children are present. The driver also faces three additional months of jail time.
A driver facing a first-offense DUI / DWI charge who had a minor in the car faces up to nine months in jail and a fine of $500 to $1,000. The driver also faces a six-month to one-year license suspension.
A second-offense drunk driving conviction with children in the car carries a fine of $1,000 to $2,000 plus up to 12 months in jail. A driver with kids in the car who is convicted of a second DUI / DWI offense within five years will be required to serve a minimum of 10 days in jail.
A driver found to have a child in the car on a third- or fourth-offense drinking and driving charge faces a fine of $2,500 to $5,000 and up to 12 months in jail.
Because the sentencing enhancement of drunk driving with children in the car is a serious allegation, it’s important to have skilled legal representation. A Florida attorney experienced in defending DUI / DWI charges involving sentencing enhancements will explain the ramifications of this allegation and devise a strategy to defend the charges. |