WICHITA,
Kan., July 29, 2024 /PRNewswire/ -- No matter
the circumstances, DUI charges can pose significant consequences to
your life and reputation. And, if you're found with a child in the
car at the time of your DUI charge, these penalties are only
heightened. Our expert DUI Attorneys in Wichita at the McConnell Law
Firm have decades of combined experience defending clients
with DUI charges and are answering the question: What if I am
charged with a DUI while my child is in the car? Keep reading to
learn more.
Traditional DUI Penalties
Driving under the influence of alcohol or drugs is a
criminal offense in all 50 states. While penalties will vary
depending on the specifics of each case, traditional DUI penalties
typically include monetary fines, license suspension or the
revocation of a driver's license, potential jail time, probation,
the required use of Ignition Interlock Devices (IID), and alcohol
education and treatment programs.
Understanding Kansas
Law
According to Kansas
statute, all Kansas drivers
convicted of a DUI face license suspension; however, the duration
of the suspension for a first offense increases to one year if the
offender's Blood Alcohol Content (BAC) is 0.15 or higher. Once the
license suspension has been served, the offender is restricted to
driving only with an ignition interlock device (IID) for a period
of time and may face a $200
reinstatement fee. During the license suspension period, the driver
may apply for a restricted license.
Click here to discover how DUI penalties are
changing within the state.
What Are Sentencing Enhancements?
Sentencing enhancements are additional penalties imposed when
certain aggravating factors are present in a DUI case. One of
the most common aggravating factors is having a minor in the
vehicle at the time of the offense, as this can lead to child
endangerment charges—knowingly and unreasonably causing or
permitting a child under the age of 18 years to be placed in a
situation in which the child's life, body, or health may be
endangered. If you are charged with a DUI while a minor is in the
vehicle, you may be facing heightened penalties, including the
following:
- Increased Fines and Jail Time
- Separate Child Endangerment Charges
- Mandatory Parenting Classes
- Extended License Suspension
- Potential Felony Charges
"If you are charged with a DUI while a child is in the car,
there is generally a 30-day sentencing enhancement attached," said
Jonathan W. McConnell, founding DUI
attorney at the McConnell Law Firm. "While penalties are still left
up to the prosecutor and judge presiding over the case, an
enhancement serves as a mandatory minimum sentence, and in some
districts, you may not be eligible for a diversion."
Can This Affect My Custody?
One of the most significant concerns for parents charged with a
DUI while their child is in the car is the potential impact on
child custody arrangements. Family courts prioritize the best
interests of the child, and a DUI charge with a minor involved can
raise serious concerns about a parent's fitness to maintain
custody. It's not uncommon that Child Protective Services (CPS) may
want to investigate the situation further and monitor any ongoing
risk. If you have been charged, it's important to contact a Wichita
DUI attorney as soon as possible, as they may be able to help
protect your driving privileges and navigate both administrative
and criminal proceedings.
Have You Been Accused?
If you are facing DUI charges, we encourage you to contact the
McConnell Law Firm as soon as possible. While every case is
different, and no conclusions should be drawn without first
consulting one of our DUI attorneys in Wichita about the specifics of your case, it
is always in your best interest to have a skilled attorney by your
side from the beginning.
Request a Free Consultation
Do you or a loved one need the assistance of one of our DUI
attorneys in Wichita? We encourage
you to contact the McConnell Law Firm at (316) 243-5903 for a free
consultation.
jonathanwmcconnell.com
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SOURCE McConnell Law Firm