DWI with Child Present in Raleigh
A DWI (Driving While Impaired) is a serious charge. However, if there is a child present in the vehicle with you when you are accused of driving while impaired, you can expect the charge to be even more harsh. You have endangered the life of a child, and the state of North Carolina has severe penalties when this occurs. Many jurisdictions impose harsher penalties, including higher fines, longer license suspensions, and even potential felony charges, when a minor is in the car during a DWI offense.
The Raleigh DWI lawyers at Sandman, Finn & Fitzhugh are experienced in representing those who are fighting a DWI that includes having a child in the vehicle. Here are more details about being charged with a DWI when a child is present in North Carolina.
Increased Penalties You May Face
Driving while impaired (DWI) with a child present is a grossly aggravating factor, as defined in the North Carolina General Statute § 20-179(c)(4). It automatically puts you into the second-hardest level of punishment–a Level One punishment. The penalties include higher fines, longer license suspension periods, and even mandatory jail time.
Child Endangerment
In addition to the DWI charge, the presence of a child, especially under the age of 18, can trigger separate child endangerment charges. This is because driving under the influence with a child in the vehicle is considered a dangerous act that puts a vulnerable individual at risk. The actual DWI charge can be elevated to a felony when a child is in the vehicle. In some cases, you will receive the enhanced charge of DWI with a child in the car, while other circumstances can result in a separate child endangerment charge in addition to a standard DWI charge.
Felony Charges and Sentencing
In North Carolina, a DWI is typically a misdemeanor, but it can be charged as a felony under specific circumstances, most notably when it involves multiple prior convictions or results in serious injury or death. DWI sentencing can vary, depending on the level of the offense, which is determined by aggravating and mitigating factors present in the case.
If the defendant has four or subsequent offenses within 10 years, the DWI becomes a felony. When there is serious injury to another person or someone dies due to driving while impaired, the charge becomes a felony. However, if there is a fatal crash, and a child dies in the incident, the drunk driver will more than likely face murder charges.
Defending Against DWI and Child Endangerment Charges in Raleigh
It is crucial to contact an experienced attorney if you are facing DWI charges involving a child present. An attorney such as Sandman, Finn & Fitzhugh will delve into the case, performing an investigation and gathering evidence to find areas that can be defended against the prosecution. The prosecution must prove every factor in the charges against you. If your constitutional rights were violated during the search and seizure or there were problems with chemical blood alcohol content (BAC) testing, your attorney may be able to petition the court to dismiss the charges.
Benefits of Hiring the DWI Lawyers at Sandman, Finn & Fitzhugh
When you hire the DWI attorneys at Sandman, Finn & Fitzhugh, you can expect
- Over 3,000 DWI cases defended: bringing deep experience to every client’s situation
- 1000’s of DWI charges dismissed: attributed to strategic, aggressive defense
- Comprehensive expertise in license-related matters: including limited driving privileges, ignition interlock compliance, and DMV license restoration
- Trial-ready representation: unlike many attorneys who default to guilty pleas, we are fully prepared to take your case to trial when it’s in your best interest
- Former Assistant District Attorney: with firsthand knowledge of how the prosecution builds DWI cases
Receive a Free Consultation with Our Raleigh DWI Lawyers
If you have been arrested for a DWI with a child present, you need to take immediate action to enlist our services. In these types of cases, time is of the essence to get legal representation. Our Raleigh DWI defense lawyers develop strategies for DWI clients and work swiftly to get you back on the road with a driving privilege if possible. Each situation is different, and our experience allows us to successfully defend even the most difficult cases. Contact us for a free consultation at (919) 845-6688 or fill out our contact form to get started.