DWI with Child in the Vehicle

When an aggravating factor is involved in a DWI offense, the alleged accused could expect more severe charges and harsher penalties. One aggravating factor under Minnesota law that leads to some of the most severe punishments is having a child younger than 16 years old in the vehicle at the time of a DWI offense.

This offense could lead to jail time, expensive fines and long-lasting administrative penalties. Additionally, this could lead to other criminal charges, such as child endangerment. However, a charge does not have to mean a conviction. Contact an experienced DWI defense attorney to learn more about how to fight the charges.

Apple Valley DWI with Child in Car Lawyer

If you face a DWI charge in the Minneapolis-St. Paul area, contact Apple Valley DWI lawyer James Blumberg today. Blumberg is a former prosecutor who can use his experience handling criminal cases to help clients build a strong defense. He understands how the prosecution will use evidence against his clients, and he can help them protect their futures.

James Blumberg Law represents clients throughout Dakota County and Anoka County. He understands how tough legal issues can be, and he vows to work with clients on their payments. As an attorney, he is dedicated to helping people, no matter how severe the charge. Call (952) 431-7758 to schedule a free consultation.

Information About Charges for DWI with Child in the Vehicle

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Criminal Penalties for Having a Child in the Vehicle for a DWI Offense

Driving while intoxicated with a child in the vehicle is automatically considered a third-degree DWI offense, which is a gross misdemeanor. This could be punishable by one year in jail, a $3,000 fine or both. However, if more aggravating factors are present, the penalties could increase.

If a driver faces his or her first DWI offense with an alcohol concentration of 0.20 or greater and there is a child in the vehicle, because of the two aggravating factors the offense would be a second-degree DWI and a gross misdemeanor. This would be punishable by the same amount of jail time and fines, but it could include having the driver’s vehicle forfeited.

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Administrative Penalties for DWI Offenses with a Child in the Car

In addition to criminal penalties, a DWI with a child in the car could have severe administrative penalties. If a person is arrested for a first offense of driving under the influence with an alcohol concentration over the legal limit but less than 0.16 and he or she has a child in the vehicle, they could face 90 days of no driving privileges.

In these instances, the driver could decide within 15 days of losing driving privileges and a limited license for the remaining 90-day period or full driving privileges for a 90-day period with use of ignition interlock device.

If the driver’s alcohol concentration level was greater than 0.16 and there was a child in the vehicle, he or she could face one year of no driving privileges or one year of an ignition interlock restricted driver’s license. This means the person would be issued a driver’s license that only allows them to drive a vehicle that has an ignition interlock device installed.

The driver also could face having his or her license plates impounded and having his or her vehicle forfeited. This could become a costly penalty because of administrative fees and costs to reinstate the plates. According to Minnesota Statute 169A.60, it could cost $50 per vehicle to reinstate the license plates.

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DWI Offense While Driving a School Bus or Head Start Bus

It is a crime for any person to drive, operate or be in physical control of any class of school bus or head start bus when there is physical evidence present in the person’s body of the consumption of any alcohol, according to Minnesota Statute 169A.31. This would be a misdemeanor offense.

A person who violates the statute is guilty of gross misdemeanor alcohol-related school bus or Head Start bus driving if:

  • The violation occurred while a child under the age of 16 was in the vehicle, if the child is more than 36 months younger than the violator
  • The violation occurred within 10 years of a qualified prior impaired driving incident

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Additional Resources

Minnesota Statutes: DWI — Access the official website for the Minnesota Statutes to read more information regarding charges for driving under the influence of alcohol, a controlled substance or a combination of substances. You can also view penalties associated with each offense.

National Highway Traffic Safety Administration: Drunk Driving  – Access the official website for the National Highway Traffic Safety Administration to learn more about drunk driving. The page also lists consequences for impaired driving.

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Apple Valley DWI with a Child in the Vehicle Attorney | Dakota County, Minnesota

James Blumberg has the experience necessary to handle a variety of DWI cases, including a DWI offense with a child in the vehicle. He understands how important your future is, and he can work with you one-on-one to get favorable results in your case. Call (952) 431-7758 to schedule a free initial consultation with a knowledgeable Dakota County DWI defense attorney.

James Blumberg Law defends clients in St. Cloud, Minnetonka, Lakeville, Eagan, Burnsville, Bloomington, and many surrounding communities.

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