- May 22, 2018 |
- Category: DUI and Courtroom Process
Nobody wants to be charged with an Ohio DUI offense, however, it can be a lot worse if an aggravating circumstance is present during the DUI offense. For example, if an individual is charged with DUI with children in the vehicle, he will face much more serious penalties than he would with a simple DUI. Child endangering laws are implicated when a person is charged with driving under the influence with a child in the vehicle. The Ohio Revised Code says that child endangerment is an act or omission that exposes a child to psychological, emotional or physical abuse. Thus, it’s easy to see why someone charged with DUI would also be charged with child endangering if he had children in his car. It’s the risk of physical harm that’s created, even if there is no actual harm.
In Ohio, there is a specific provision in the Ohio Revised Code that addresses a situation when someone commits child endangerment by way of a drinking and driving charge. It states “No person shall operate a vehicle, streetcar, or trackless trolley within this state in violation of division (A) of section 4511.19 of the Revised Code when one or more children under eighteen years of age are in the vehicle, streetcar, or trackless trolley. Child endangerment charges can range from a first degree misdemeanor, punishable by up to 180 days in jail to a second degree felony, punishable up to 8 years prison. If this is a first DUI offense and the driver had children in the car, he will likely be charged with a first-degree misdemeanor. However, if the driver has prior DUI convictions, the child was injured or the person has a prior child endangering charge, he will likely be facing felony charges.
To recap, the police would generally charge an Ohio driver with DUI if the driver of an automobile is under the influence of alcohol, drugs, or a combination of both. In addition, the police will generally charge a driver with DUI if their blood alcohol concentration is above the legal limit. An Ohio DUI is a serious offense with the potential for significant sentences based upon a number of factors, including the level of the blood alcohol concentration, the number of previous DUI charges, and whether there was an accident caused by the drinking and driving. In addition, virtually any time a minor is in the vehicle of a driver charged with DUI, the driver will likely face an additional charge of DUI Child Endangering. If convicted of both, you can expect the court to sentence the DUI defendant to fairly significant penalties.
If you’re facing an Ohio DUI charge along with a child endangering charge, it is extremely important for you speak with a DUI attorney who can help with your case. In addition to the criminal penalties associated with these charges, there is a very real possibility you could face custody implications as well. There are over a million laws in the United States and thousands in the state of Ohio alone. I am a Cincinnati DUI lawyer who focuses his entire practice on just one. Because of my considerable experience and concentrated practice, I understand the Ohio DUI laws better than most attorneys in the state. I am passionate about Ohio DUI defense and I get results. If you have a Cincinnati DUI case and want a top Cincinnati DUI lawyer on your team, please give me a call.
