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DUI with Child Passenger

People can be arrested for driving under the influence (DUI) of alcoholic beverages, any chemical substances, or any controlled substances in Florida, but criminal charges may be enhanced if an alleged offender is accused of being accompanied in a vehicle at the time of an alleged offense by a person under 18 years of age. Prosecutors aggressively seek maximum punishments for individuals accused of these drunk driving offenses and portray alleged offenders as having endangered innocent children.

People convicted of these crimes can face increased penalties that are the same as those assessed for violations of state law by alleged offenders with blood alcohol concentrations (BACs) of 0.15 or higher. In addition to possible incarceration and fines, individuals convicted of DUI involving a child passenger can also have their vehicles impounded and be ordered to install an ignition interlock device (IID) on all vehicles they own or operate.

Attorney for DUI with Child Passenger Arrests in Broward County, FL

Were you allegedly accompanied by a passenger who was younger than 18 years of age when you were arrested for DUI in Broward County? You will want to immediately contact The Hoffman Firm for help achieving the most favorable possible outcome to your case.

Evan A. Hoffman is an experienced criminal defense lawyer in Fort Lauderdale who represents clients accused of DUI crimes in Hallandale Beach, Fort Lauderdale, Margate, Dania Beach, Lauderhill, and many surrounding areas of South Florida. Call (954) 524-4474 right now to have our attorney review your case and answer all of your legal questions during a free, confidential consultation.


Overview of DUI with Child Passenger Offenses in Fort Lauderdale


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DUI with Child Passenger Charges in Florida

An alleged offender commits DUI under Florida Statute § 316.193(1) if he or she is driving or in actual physical control of a vehicle within Florida and he or she:

  • is under the influence of alcoholic beverages, any chemical substance, or any controlled substance, when affected to the extent that his or her normal faculties are impaired; or
  • has a BAC of 0.08 or more.

Florida Statute § 316.193(4) establishes increased penalties for alleged offenders who violate this subsection and who, at the time of the alleged offenses, are accompanied in their vehicles by any person under the age of 18 years.


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Broward County DUI with Child Passenger Penalties

Under Florida Statute § 316.193(4), convictions for DUI with a minor offenses result in increasing punishments for repeat offenses. People who are convicted of these crimes can receive the following sentences, depending on their prior criminal records:

  • First Conviction — Up to nine months in jail and minimum fine of $1,000 up to $2,000;
  • Second Conviction — Up to 12 months in jail and minimum fine of $2,000 up to $4,000; and
  • Third or Subsequent Conviction — Minimum fine of $4,000.

Additionally, courts can also order the mandatory placement, at the alleged offender’s sole expense, of IIDs upon all vehicles that are individually or jointly leased or owned and routinely operated by the alleged offender for not less than six continuous months for the first offense and for not less than two continuous years for a second offense, when the alleged offender qualifies for a permanent or restricted license.


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Florida Resources for DUI with Child Passenger Crimes

Healthy Families Florida — Healthy Families Florida identifies itself as “a nationally-accredited family support and coaching program that helps parents provide the safe and stable environments children need for healthy growth and development. Parents voluntarily participate in services provided in their homes.” Visit this website to learn more about prevention resources for parents, including healthy child development, parenting tools and tips, and injury prevention. You can also find local projects and read success stories.

2014 Traffic Safety Facts: Alcohol-Impaired Driving National Highway Traffic Safety Administration (NHTSA) — View a NHTSA summary of national drunk driving statistics for 2014. According to NHTSA, 209 of the 1,070 children 14 and younger killed in motor vehicle traffic crashes in 2014 died in alcohol-impaired-driving crashes. Of those 209 deaths in drunk driving accidents, 116 (or 56 percent) were occupants of vehicles with drivers who had BACs of 0.08 or higher.


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The Hoffman Firm | Broward County DUI with Child Passenger Defense Lawyer

If you were arrested anywhere in South Florida for an alleged DUI offense in which you were accompanied by a person under 18 years of age, it will be in your best interest to retain legal counsel as soon as possible. The Hoffman Firm defends individuals all over Broward County, including Plantation, Deerfield Beach, Pembroke Pines, Sunrise, Davie, and several other nearby communities.

Fort Lauderdale criminal defense attorney Evan A. Hoffman is a former Assistant State Attorney for the Broward County State Attorney’s Office. He can provide an honest and thorough evaluation of your case as soon as you call (954) 524-4474 or submit an online contact form to take advantage of a free initial consultation.


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Free Consultation

All fields are required. The use of this form for communication with our personnel does not establish an attorney-client relationship.

Evan A. Hoffman

Evan A. Hoffman

Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.

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If you received any kind of traffic violation in the Broward County area call The Hoffman Firm today.

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