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Southwest Florida

DUI with Minor in Car Lawyer

A DUI with a person under the age of 18 in the car can be penalized under an enhanced penalty structure. The rationale behind the minor in the car enhancement to DUI is that while a person should not be operating a vehicle while intoxicated, it is even worse to operate a vehicle while intoxicated with a minor in the car as well. The enhanced jail penalties for DUI with a minor in the car are the same as the enhancement jail penalties for having a breath or blood alcohol level of .15 or more:

  • First DUI – enhancement increases the maximum amount of jail from 180 days to 270
  • Second DUI within 5 years – enhancement increases the minimum amount of jail from 0 days to 10 days and the maximum amount from 270 days to 365 days
  • Second DUI outside 5 years – enhancement increases the maximum amount of jail from 270 days to 365 days

The enhanced fines for DUI with a minor in the car are also the same as the enhanced fines for having a breath or blood alcohol level of .15 or more:

  • First DUI – enhancement increases the minimum fine from $500 to $1000 and the maximum fine from $1000 to $2000
  • Second DUI within 5 years – enhancement increases the minimum fine from $1000 to $2000 and the maximum fine  from $2000 to $4000
  • Second DUI outside 5 years – enhancement increases the minimum fine from $1000 to $2000 and the maximum fine  from $2000 to $4000
  • Third DUI within 10 years – enhancement increases the minimum fine from $2000 to $5000 and the maximum fine from $4000 to $5000
  • Third DUI outside 10 years – enhancement increases the minimum fine from $2000 to $5000 and the maximum fine from $4000 to $5000
  • Fourth DUI within 10 years – enhancement increases the minimum fine from $2000 to $5000 and the maximum fine from $4000 to $5000
  • Fourth DUI outside 10 years – enhancement increases the minimum fine from $2000 to $5000 and the maximum fine from $4000 to $5000

All DUI charges are serious but as the penalty for DUI with a minor in the car is more severe than a standard DUI charge you are well advised to hire an experienced DUI Defense attorney to advocate on your behalf. If you have been arrested for DUI with a minor in the car in Fort Myers, Naples, Cape Coral, Port Charlotte or Punta Gorda you need an experienced Criminal Defense lawyer on your side fighting for you. Contact a DUI Defense Lawyer from Viacava & Cantor today at 239-672-8934 if you have been arrested for DUI with a minor in the car in order to schedule a free consultation and to discuss the specific facts of your case.

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