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DUI with a Minor in the Vehicle

Dedicated Tampa Bay Criminal Defense Attorney Committed to Helping Clients Stay on the Road and Out of Jail

While Florida prosecutors take a tough stance when it comes to any DUI offense, this is especially the case if you had a minor in the car at the time of your arrest. A conviction for a DUI with a minor in the vehicle subjects you to enhanced penalties, which increases the likelihood of a jail sentence and may result in severe collateral consequences.

At the Mayberry Law Firm, our dedicated Tampa DUI defense lawyer has decades of hands-on experience defending clients’ rights and freedoms in the face of serious DUI charges. We handle all types of driving under the influence cases in Hillsborough County, including DUI with a minor in the vehicle, DUI accidents and repeat DUIs.

What Is the Penalty for a DUI with a Minor in the Vehicle?

Driving under the influence of drugs or alcohol while a minor is in the vehicle is discussed in Florida Statutes § 316.193, which is the state’s general DUI statute. This particular offense is contained in § 316.193(4), which provides that anyone who is convicted of a DUI and “who at the time of the offense was accompanied in the vehicle by a person under the age of 18 years” is subject to enhanced penalties, as outlined below:

First Offense:

  1. A fine of at least $1,000, up to $2,000
  2. Mandatory placement of an ignition interlock device for six months
  3. Imprisonment for up to 9 months
  4. A one-year term of probation
  5. 50 hours of community service

Second Offense:

  • A fine of at least $2,000, up to $4,000
  • Mandatory placement of an ignition interlock device for 24 months
  • Imprisonment for up to 12 months (with at least ten days in jail)
  • A term of probation

In addition to the above, anyone convicted of a DUI with a minor in the car must complete a substance abuse course, which includes a psychosocial evaluation. If this evaluation recommends any treatment, completing the treatment program will be a required part of your probation.

If you are arrested for a DUI with a minor in the vehicle, there is a good chance that prosecutors will bring other charges against you. Most notably, these include Child Abuse or Child Neglect under Florida Statutes § 827.03. In either case, these crimes are felonies and carry the possibility of a lengthy jail sentence.

Collateral Consequences of a DUI Conviction with a Minor in the Car

A collateral consequence is a type of consequence that isn’t necessarily intended to “punish” you but, in these cases, is more focused on ensuring the safety of the child. There are many collateral consequences of a DUI conviction, such as limited employment opportunities, social stigma, and an inability to drive. In addition, if you are arrested for driving under the influence with a minor in the vehicle, the police will likely try to find someone else to care for the child when they arrest you. This may be a friend, family member, or the child’s other parent if someone is available. If not, the child could end up in temporary protective custody or a foster home.

Additionally, if you are found guilty of DUI with a minor in the vehicle, the conviction could be cited by the child’s other parent in an effort to change the existing custody arrangement.

If You’re Charged with a DUI with a Minor in the Vehicle, Our Tampa DUI Lawyer Can Help

If you were recently arrested and charged with a DUI while you had a minor child in the vehicle, it is imperative that you immediately speak with an experienced Tampa DUI defense attorney. At the Mayberry Law Firm, we recognize the seriousness of the situation you find yourself in, and we’re here to protect your rights, freedom and future. We handle all types of DUI cases in Hillsborough County, as well as in Pinellas County and Polk County. To learn more, and to schedule a free consultation today, call Attorney Mayberry at 813-444-7435. You can also connect with us through our secure online contact form.

Client Reviews

I have to be honest. I was facing two felony aggravated assault charges and a firearm charge. Drunk in a blackout and no recollection of the road rage event. Not much for any attorney to go on to save my Butt. My Wife found the add for Mayberry law firm and we called. Jason spent well over an hour...


I was in the Tampa area on a family vacation earlier this year, when I suddenly found myself facing a felony charge of child neglect. My world and life, it seemed, were headed for total disaster. I was facing having my very long, successful and spotless military career coming to a horrible end. I...


Having never been arrested before I was completely terrified and ignorant to the judicial process. Jason provided emotional support and the knowledge and experience I needed. He was available 24/7 for all of my concerns and questions. He was efficient, comforting, and extremely intelligent. I had...


My wife was facing false accusations that she misrepresented her Income on mortgage applications and was facing serious time as this was a federal crime. Jason worked diligently with her and myself daily on all the details of the sentencing potentials whether positive or negative to our benefit and...


My husband I went to Tampa for the NFL game. We went to Ybor City and had a few drinks and got into an argument while going back to our hotel. After a long night of drinking and arguing, the police came out of nowhere and stated that my husband hit me. AT best, he was gesturing with his hands. It...

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