DUI with a minor in the Car in Virginia

In Virginia, driving under the influence of alcohol or drugs (DUI) with a minor child in the car is considered a serious offense and carries enhanced penalties.

The consequences of a DUI with a minor child in Virginia can be severe. Individuals convicted of this offense may face:

Child Endangerment Law

• Virginia Code § 18.2-270(D) specifically addresses DUI with a child passenger. It defines a child as anyone under the age of 18.
• Mandatory Minimum Penalties (First Offense):
  • Fine of $500 to $1,000
  • Minimum of 5 days in jail

Additional DUI Penalties

On top of the child endangerment penalties, you’ll also face the standard penalties for a DUI in Virginia, which vary based on factors like your blood alcohol content (BAC) and prior DUI history:

• First Offense:
  • Fines ranging from $250 to $2,500
  • Possible jail time (up to 1 year)
  • License suspension for 1 year
  • Ignition interlock device requirement
  • Mandatory Alcohol Safety Action Program (ASAP) participation

Possible Felony Charges

In certain circumstances, a DUI with a child passenger could lead to felony child abuse charges:

• Class 6 Felony: This could apply if your actions demonstrate a reckless disregard for human life, such as driving recklessly, speeding, or not having the child properly restrained.

Important Notes

• Cumulative Penalties: Jail sentences for DUI and child endangerment are served consecutively, meaning you’ll serve the full time for each charge.
• Relationship to the Child: The law applies regardless of your relationship to the child in the car.

Consequences Beyond Legal Penalties

• Impact on Child Custody: A DUI with a child in the car can negatively impact child custody arrangements in divorce or separation cases.
• Increased Insurance Rates: Your car insurance rates will likely increase significantly.

At S&R Law Firm, our experienced team is here to help you through this difficult and overwhelming experience. Contact us for a free in-person or phone consultation at 703.273.6431.