DUI With a Child in the Vehicle: Enhanced Consequences & Unique Legal Issues in Florida

A DUI charge is always serious, but when a child is in the vehicle, Florida law treats the situation as especially dangerous. Prosecutors often pursue enhanced penalties, courts take a tougher stance during sentencing, and the long-term consequences (legal and professional) can be far more severe. Understanding how the law works and what defenses may apply is essential for anyone facing this type of charge.

Florida’s enhanced penalties for DUI with a child in the car

Under Florida Statute §316.193(4), driving under the influence with a passenger under 18 years old triggers mandatory enhanced penalties. These enhancements apply regardless of whether the driver is a parent, guardian, or unrelated adult. Key enhancements include:

• Higher fines – For a first DUI, the fine can range from $1,000 to $2,000. For a second DUI, the fines double.
• Mandatory jail time – A first offense can include 9 months in jail. A second offense carries up to 12 months.
• Ignition interlock requirements – Courts almost always impose an ignition interlock device or add special conditions due to the presence of a child.

These enhanced penalties reflect the state’s view that the risk to a minor significantly increases the gravity of the offense.

Additional charges for child endangerment concerns

Beyond enhanced DUI penalties, a driver may face separate charges related to child endangerment. Florida does not have a stand-alone “DUI child endangerment” statute like some states, but prosecutors can charge:

• Child Neglect (§827.03)
• Contributing to the delinquency or dependency of a child
• Reckless driving enhancements if the child was placed at risk

These additional charges can escalate a simple misdemeanor DUI into a case with potential felony exposure.

Impact on family law and custody

Many folks charged with DUI involving a child experience consequences outside of criminal court. Family law judges, especially in custody and timesharing disputes, take these allegations seriously. A single DUI with a minor passenger can:

• Affect ongoing custody disputes
• Trigger Department of Children and Families (DCF) involvement
• Lead to temporary restrictions on contact or visitation
• Require parenting classes, substance abuse evaluations, or supervised visitation

Even if the criminal charge is reduced or dismissed, the underlying allegations can still influence family law proceedings.

Defense strategies in these cases 

When facing an enhanced DUI charge, the consequences can be severe. Building a smart, aggressive defense can help. A seasoned DUI attorney will carefully evaluate several key areas:

• Was the traffic stop legal?
• What does the video show?
• Were the breath or blood tests reliable?
• Where was the child, and how old were they?
• Can the prosecution actually prove a minor was present?

In many situations, these types of challenges can weaken the case enough to reduce an enhanced DUI to a standard one.

Talk to an Orlando, FL, DUI Attorney Today 

FL DUI Group represents the interests of Orlando residents who are facing DUI charges. Call our Florida DUI defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.