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DUI/DWIs and the Presence of Minor Children

The number of DUI offenders arrested with minors present in the vehicles is astounding. News stories in the United States are filled with such occurrences. A DUI arrest is a sad event for any child to witness, but subjecting them to such a possibility in the first place is even worse. If you intend to drink, do so responsibly, especially if children are present. And if you choose to drive after consuming any amount of alcohol, do not bring your kids, grandkids, or other children along for the ride.

DUI in Arizona with Kids in the Car:


First of all, drunk driving subjects children to unnecessary danger, as well as potential trauma from having witnessed the resulting consequences, including an accident and/or arrest. Second of all, anytime you get behind the wheel of a vehicle after having had too much to drink, you run the likely risk of being pulled over and charged with a DWI. The punishments for such offenses are harsh enough, and if there are minors present in your vehicle at the time of your arrest, those consequences only worsen. The dangers of drunk driving, as well as the consequences of drunk driving with a minor in the car should be enough to make you think  twice before consuming any amount of alcohol and then loading the kids into the car for even a short ride.



In Arizona, a DUI with kinds in the car is considered to be an Aggravated DUI charge. The mandatory prison time in Arizona for an Aggravated DUI charge is 4 months in prison and loss of your driver’s license for at least 3 years including Alcohol and Screening classes. The State of Arizona takes these DUI offenses very serious and the penalties reflect this view.

For example in New York State if you are charged with a DWI in Rochester, NY, you are subject to New York State laws, you face higher fines and a potentially lengthier incarceration period if a child under the age of 16 is present in the vehicle at the time of the offense.  While you might only receive a few days in jail or a fine of just $1000 or so with a normal (non-repeat) DWI offense, if you’re found guilty of a DWI while a minor was present in the car, you can face up to four years in prison and $5,000 or more in fines. The bottom line? Avoid drinking and driving at all costs, but if you do drive after drinking, leave the kids out of the equation.


Guest Post provided by Rochester DWI Attorneys:

If you have been charged with a Rochester DWI, do not walk into court alone and attempt to defend yourself. Let qualified Rochester DWI lawyers review your case and defend you in court, whether you had a minor in the vehicle at the time of your offense or not.

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