DUI Child Endangerment Laws in Ohio

As if being charged with a DUI isn’t scary enough, the charge of endangering children may also be added if a child under the age of 18 is also in the vehicle. Endangering children is a misdemeanor of the first degree, but can be a felony of the fifth degree if it results in serious physical harm to the child like in an accident. If you happen to be out for dinner with your family and have a couple drinks, it is extremely important to designate a driver or make alternative arrangements for transportation.

It is important to remember the safety of all passengers on the road when you are driving; this is especially true when it comes to the safety of the youngest passengers.  Currently 38 states, including Ohio, have enacted some sort of enhanced penalty or separate offense for operating a vehicle under the influence while transporting a child.  Not only do you put yourself at risk for DUI charges and the accompanying fines, you also face additional penalties and increased fines for endangering a minor.

If you are charged with both DUI and child endangering, it is possible to be convicted of both charges as well as sentenced on both charges. This means that in addition to the standard DUI penalties, you may receive additional penalties on the child endangering charge.

In addition to the enhanced penalties you face while driving intoxicated with a minor in the car, Ohio has passed additional laws enhancing penalties for DUI and OVI charges if you are caught in school zones.  This means if you are charged with a DUI in a school zone you may face all DUI charges, plus an additional charge for endangering minors. Such a law was put into place to protect children.  Judges and prosecutors are less likely to drop charges when child endangerment enhancements are included.  Each situation is different, so make sure if you find yourself in this situation, you speak with a DUI/OVI attorney as soon as possible.  An experienced DUI attorney will examine all the information available and advocate for your rights.

Police officers are constantly on the lookout for those driving recklessly, which provides officers with enough reasonable suspicion to perform a traffic stop.  If the officer suspects drunk driving and notices a child in the back seat, it is likely the officer will ask you to perform field sobriety tests in the interest of protecting the child.  Rather than face any DUI charges alone, contact an attorney with the requisite knowledge of Ohio law who can defend you should you find yourself faced with a DUI and child endangerment charges.

Drivers who have prior DUI charges should be particularly cautious about driving drunk with a minor in the vehicle.  If you have previous child endangerment charges or DUI/OVI convictions, you risk much higher penalties.  This is why it is always best to call a DUI lawyer when arrested or charged with drunk driving and/or child endangerment.  A Columbus, Ohio drunk driving attorney will review the situation and help advocate for your rights.

Child endangerment laws aside, drinking and driving can land you in plenty of trouble.  Call an attorney in Columbus, Ohio to learn what options are available to you when you face a DUI charge in Central Ohio.  Each situation is different, which is why calling and talking with a lawyer is best.  A drunk driving attorney will be able to advise you on the best course of action.

If you or someone you know has been charged with a DUI/OVI and faces additional child endangerment charges, contact The Maher Law Firm today. The Maher Law Firm has experience with drunk driving defense and fights for the rights of every client.  Call us at 614-205-2208 or contact us online for a free consultation.