Driving under the influence is a serious offense in any circumstance. However, if a child is in the vehicle at the time of the offense, the penalties become much more severe. In Stillwater, Oklahoma, DUI charges involving a minor come with heightened consequences, as the law prioritizes child safety. If you are arrested for DUI while having a child in the car, it is crucial to understand the full scope of the potential charges and consequences you are facing. This article explores the legal ramifications, possible defenses, and why you need a dedicated attorney to navigate these complex charges.
What Constitutes DUI with a Child in the Car in Oklahoma? 
In Oklahoma, DUI charges arise when a driver operates a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. However, when there is a child under the age of 18 in the car, the charges take on a new level of seriousness. DUI with a child passenger is classified as a felony in some cases, depending on the specific circumstances of the offense.
Oklahoma law specifically enhances the penalties for DUI offenses when a child is involved, recognizing the additional risks that impaired driving poses to minors. A child is considered anyone under the age of 18, and the law places extra emphasis on protecting vulnerable individuals, especially when it comes to impaired driving. In such situations, not only are you facing standard DUI penalties, but you may also face charges related to child endangerment, which carries its own set of consequences.
Penalties You Could Face for DUI with a Child in the Car
The penalties for DUI with a child passenger in Oklahoma are severe and can have long-term implications. If you are convicted, you could face the following legal consequences:
Increased Fines
A DUI charge involving a child in the vehicle typically carries higher fines than a standard DUI charge. These fines are meant to reflect the added danger and recklessness of the situation. In addition to paying the fines, you may also be responsible for court fees and other associated costs.
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Jail Time and Longer Sentences
While a standard DUI may result in a short jail sentence or probation, a DUI with a child in the car often leads to a longer jail sentence. The exact duration will depend on the details of your case, such as whether the child was injured and whether this is a repeat offense. A conviction could result in both mandatory jail time and probation.
License Suspension or Revocation
Along with jail time and fines, those convicted of DUI with a child in the car will almost certainly face a suspension or revocation of their driving privileges. This period can last anywhere from a few months to several years, depending on the severity of the offense and any prior DUI convictions you may have. In addition, you may need to undergo alcohol education programs or counseling as part of your sentence before your license is reinstated.
Child Endangerment Charges
In some cases, the DUI charge could lead to child endangerment charges. These charges apply when a driver knowingly places a child at risk of harm or injury. In Oklahoma, child endangerment is a felony, and a conviction can result in significant jail time, fines, and a permanent criminal record. Child endangerment charges can carry much harsher penalties than a standard DUI charge, especially if the child suffers harm during the incident.
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If a child is injured in the crash, the penalties could be even more severe, leading to felony charges and long-term legal consequences. It’s important to note that child endangerment does not require proof that the child was actually harmed, only that their safety was jeopardized by the impaired driving.
Potential Defenses to DUI with a Child in the Car
While the consequences of DUI with a child in the car are severe, it is still possible to defend against the charges. Some possible defenses that could be used in court include:
Improper Traffic Stop
One of the most common defenses in DUI cases is that the police officer did not have a valid reason to pull over the driver in the first place. In Oklahoma, law enforcement must have reasonable suspicion or probable cause to stop a vehicle. If the defense attorney can prove that the officer acted unlawfully in stopping the vehicle, the court may rule that evidence obtained during the stop is inadmissible.
Errors in the Field Sobriety Test
Field sobriety tests are often used to determine whether a driver is impaired. However, these tests are not always reliable. Factors such as medical conditions, physical limitations, or environmental conditions can interfere with a person’s ability to pass a sobriety test. If there is evidence that the tests were not administered correctly or that external factors influenced the results, it may be possible to challenge the evidence in court.
Challenging the Breathalyzer Test
Breathalyzer tests are used to measure a driver’s BAC, but they are not always accurate. These devices can malfunction or be improperly calibrated, leading to false readings. An experienced DUI attorney may challenge the results of a breathalyzer test if there is any indication that the machine was not functioning properly, or if the officer did not follow proper procedures.
Lack of Evidence
In some DUI cases, there may be insufficient evidence to prove that the driver was impaired. For example, if the officer did not observe signs of intoxication, such as slurred speech or erratic driving, it may be possible to argue that the driver was not under the influence. Additionally, if the prosecution cannot prove that the child was actually in the car at the time of the arrest, the case may be dismissed.
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Why You Need a DUI Attorney
Facing DUI charges, especially with a child in the car, is an overwhelming experience. The potential legal consequences can affect your freedom, finances, and reputation. Hiring a skilled and experienced DUI attorney is essential to ensure you have the best chance at minimizing the penalties and securing a favorable outcome.
An experienced DUI lawyer will thoroughly investigate the facts of your case, examine the evidence, and build a strong defense strategy. Your attorney will also negotiate with prosecutors on your behalf, working to reduce the charges or secure a more lenient sentence. In some cases, a skilled attorney may even be able to have the case dismissed if there is insufficient evidence or if the traffic stop was unlawful.
If you are facing DUI charges in Stillwater, Oklahoma, you need legal representation that you can trust. The Murray Law Firm specializes in DUI defense and child endangerment cases. With years of experience handling DUI cases, the attorneys at Murray Law Firm will work tirelessly to defend your rights and protect your future.
If you are facing DUI charges involving a child in Stillwater, Oklahoma, don’t wait to get legal help. The consequences of a conviction are too severe to ignore. Contact the Murray Law Firm today to schedule a consultation. Their team of experienced attorneys will review your case, answer your questions, and help you understand the best course of action. With the right defense strategy, you can protect your rights and work toward a favorable outcome.
