Broward County DUI Child Endangerment Charges: The Harsh Penalties You Face and Effective Defense Strategies Our DUI Defense Lawyers Can Use to Defend You

A DUI arrest is always a grave matter, but the charges escalate to a far more serious level when a child is in the vehicle. In Florida, driving under the influence with a minor passenger can be legally considered child endangerment in addition to the DUI offense itself. 

If you’ve been arrested for DUI child endangerment in Broward County, securing skilled legal representation needs to be your first priority. Our experienced DUI defense lawyers at the Law Offices of David Robert Malove have over 60 years of combined experience defending clients facing these charges in Fort Lauderdale, Pompano Beach, Hollywood, or other cities in Broward County. We’re here to mount an aggressive defense strategy to help you have the charges dismissed or reduced to a less serious charge with less severe penalties. 

What is DUI Child Endangerment in Florida?

Florida law comes down hard on driving under the influence when children are involved. Florida Statute § 316.193 makes it an aggravated DUI offense to drive with a blood alcohol content (BAC) over the legal limit of .08% or while ability-impaired by drugs or alcohol if a child under 18 is in the vehicle.

The mere presence of a minor passenger transforms the DUI into a form of child endangerment. The courts treat this as a seriously aggravating factor that puts a vulnerable child at risk. These enhanced charges carry mandatory sentencing minimums and harsher maximum penalties compared to standard DUI charges.

What Enhanced Punishments Do You Face If Convicted of DUI Child Endangerment?

You will face enhanced penalties if you’re convicted of DUI Child Endangerment in Fort Lauderdale, Pompano Beach, Hollywood, or other cities in Broward County. The punishments for DUI child endangerment in Florida get progressively more severe for repeat offenses. Here are the punishments you could face:

First DUI Child Endangerment Conviction

The penalties could be harsh, even for a first DUI child endangerment conviction. The judge could sentence you to:

• Fines up to $2,000
• Maximum nine-month jail sentence
• Mandatory DUI classes
• Installation of an ignition interlock device on your car for six months

Second DUI Child Endangerment Conviction

If you’re convicted of a second DUI with a child passenger, you could face these punishments:

• Fines up to $4,000, with a minimum fine of $2,000
• Maximum 12 months in jail
• Longer ignition interlock period

Third or Subsequent Conviction

You could be charged with a felony with much harsher penalties if you are convicted of DUI child endangerment in Broward County for a third or subsequent time. The penalties can include:

• Fines over $5,000
• Maximum 5 years imprisonment
• Mandatory installation of an ignition interlock device on your vehicle for up to two years

The court will likely impose additional sanctions, such as probation, community service hours, and substance abuse evaluation and treatment, in all cases. If the prosecution believes the child's safety was compromised, you could face separate child neglect charges that carry their own set of penalties and consequences.

Other Long-Term Consequences of a DUI Child Endangerment Charge

The fallout from a DUI with a child in the car goes well beyond court-ordered punishments. You can expect to experience:

• Driver's license suspension. An inability to legally drive for six months, a year, or more will disrupt your daily life and could threaten your employment.
• Skyrocketing car insurance. Your rates will increase dramatically, or your policy may be cancelled altogether.
• Career damage. A criminal conviction involving child endangerment will show up on background checks, potentially costing you job opportunities, professional licenses, and security clearances.
• Child custody repercussions. If you're engaged in a custody or visitation dispute, a DUI with a child in the car gives your ex powerful ammunition to argue that your parenting judgment is impaired and your time with your children should be restricted.

What Defenses Can Our DUI Defense Lawyers Use to Defend You?

Although DUI child endangerment cases may seem open-and-shut, you could have solid defenses—even if you think you’re guilty. Our knowledgeable DUI defense attorneys know how to identify weaknesses in the state's case against you. Potential strategies we may use include:

• Challenging the legality of the traffic stop. If the officer lacked reasonable suspicion to pull you over or probable cause to arrest you, we may be able to file a pre-trial motion to suppress any evidence gathered after an improper stop. We'll also examine whether your other constitutional rights were violated from the very beginning of your encounter with law enforcement.
• Disputing the accuracy and admissibility of BAC evidence. Breathalyzer machines must be regularly calibrated and maintained to produce reliable results. Blood samples can be mishandled or misprocessed by the lab. We'll assess the integrity of the scientific evidence being used against you and dispute the test results if possible.
• Questioning the officer's observations of impairment. Roadside field sobriety tests are notoriously subjective and prone to error. An officer's perception that you were impaired can be colored by bias or mistaken assumptions. Our legal team will scrutinize the basis for the police's conclusions about your sobriety.
• Arguing insufficient evidence of guilt. The prosecution bears the burden of proving beyond a reasonable doubt that you were over the legal BAC limit or impaired and that a child under 18 was in the vehicle. If there are gaps or inconsistencies in their case, we'll highlight them to cast doubt on the allegations against you.

Building a strong, multifaceted defense is crucial to securing the best possible outcome and minimizing the impact on your life.

How the Law Offices of Robert David Malove Can Help

The wisest course of action after a DUI child endangerment arrest in Broward County is to immediately contact our DUI defense lawyers, who have specific experience handling cases involving minors. At our firm, we understand what's at stake—your freedom, finances, family relationships, and future. We're here to guide you through this crisis with compassion, dedication, and aggressive advocacy.

Our legal team will comprehensively investigate your case to identify all grounds for fighting the charges. We'll work tirelessly to have the case dismissed or the charges and penalties reduced. Throughout the process, we'll be your staunch defenders and tireless allies.