Pulled Over for a DUI With a Child in the Car: What Happens Next?

Father sitting in car with two children in the back seat as they smile together

Did you know men are about four times more likely than women to drive drunk?

While a DUI certainly impacts your life directly in challenging ways, a DUI with a child in the car complicates the matter even more. You can face more extreme charges, higher penalties, and even issues with custody rights if you're arrested for a DUI with kids in the vehicle. Taking action to avoid a DUI isn’t just about staying out of trouble - it’s about protecting the people you love.

This Father’s Day season, we’re sharing a powerful reminder for dads and guardians about how drinking and driving can impact the whole family. While this blog isn’t legal advice, the information in it may help keep you and your loved ones safe.

DUI and Parenting: Is Drinking and Driving with Kids a Significant Problem?

According to the latest data from the National Highway Traffic Safety Administration (NHTSA), 1,105 children aged 14 and younger were killed in motor vehicle crashes in 2022. Of those, 157 children - about 14% - died in crashes involving an alcohol-impaired driver. Alarmingly, over half of these children (54%) were riding in the same vehicle as the impaired driver, who had a blood alcohol concentration (BAC) of .08 or higher.

NHTSA findings also indicate impaired drivers are less likely to make sure children in their vehicle are properly buckled up or secured in a car seat.

What Happens if You’re Pulled Over for a DUI With a Child Passenger

Driving under the influence of alcohol or drugs is against U.S. law in all 50 states. DUI laws exist to keep everyone on the roads safe and to prevent accidents related to drunk driving.

Drunk driving with a child in the car is treated with more care and concern since kids are considered vulnerable passengers. The legal consequences of a DUI with a child in the car are more serious and the penalties are often more severe than a solo drunk driving conviction.

The law sees driving under the influence with a minor in the car as reckless and child endangerment.

If you’ve been convicted of a DUI already and need immediate assistance with an ignition interlock device or SR-22 insurance for high-risk drivers, please reach out to our Intoxalock team straightaway. We’re here to assist you with taking the right steps on your DUI journey.

Understanding Child Endangerment Laws

There isn't a specific federal law about DUI with a minor in the car as a passenger. However, many states have laws about child endangerment DUI situations. These states often have penalties or separate charges for drivers arrested for DUI with kids. In recent years, lawmakers have tried to set a national standard that classifies a DUI with a child passenger as a felony offense. Congress has introduced several federal bills related to DUI child endangerment, showing a desire to create more serious penalties for such cases.

State Law Penalties for a DUI With Kids in the Car

Getting a DUI with children in the vehicle often leads to extra penalties. In some states, this offense is a form of child endangerment and can lead to felony charges, even as a first-time DUI.

Map showing 3 states where DUI with a minor is a felony.

Legal Consequences of a DUI With a Child

The penalties associated with drunk driving with a minor in the car are far-reaching and may include some or all of the following:

Jail time
Fines
Ignition interlock requirements
Extended license suspension
DUI classes
Possible probation and community service
Court-ordered parenting classes

Additional Child Endangerment DUI Penalties

Some states also require reporting to child protective services or family court. The presence of a child passenger can cause a misdemeanor DUI to turn into a criminal case. The charge may become elevated because drunk driving with a minor is often considered reckless child endangerment.

Courts will consider several other factors when determining if child endangerment charges are needed. These include:

The parent’s driving speed
Did the parent cause an accident
Was the child injured
The parent’s criminal and/or driving record

Does Being Arrested for DUI With Kids Affect Custody and Parental Rights?

A DUI arrest involving a child passenger can trigger custody issues.

The other parent might use the DUI situation as leverage in an existing or new custody case. Courts may question whether you provide a safe environment for your kids and could limit your physical custody or visitation rights. You could end up with supervised visitation.

In some cases, child welfare agencies may step in to ensure the child’s safety. Children can get removed from home temporarily if agencies think the minors aren't safe.

Will You Need an Ignition Interlock Device?

Laws in many states require an ignition interlock device if you have a DUI with a child in the car. Even if it’s your first offense, the presence of a minor can cause stricter rules. How long you must keep the IID in your car can vary based on your offense.

For more information about installing an Intoxalock ignition interlock device, call our Intoxalock state specialists at 888-283-5899.

What to Do If You’re Charged with a DUI with a Minor in the Car

If you're arrested for DUI with kids in the car, consider taking these steps:

Speak with a DUI attorney with experience handling child endangerment and DUI cases
Follow court orders related to custody, ignition interlock requirements, or substance abuse treatment
Attend hearings on time and be prepared with any required documents
Request a hearing with the DMV if you're facing license suspension
Avoid discussing the case on social media or with others who may be called as witnesses
Sign up for parenting classes or a DUI program

Need an IID After a DUI Conviction?

We know how important it is to protect the people you love. Getting an IID installed in your vehicle helps meet your DUI legal requirements and keeps you and your family safe. With more than 5,200 ignition interlock installation service centers around the country, Intoxalock is ready to serve you.

Managing the effects of drunk driving on your family is a commitment. Intoxalock is here to support you through any IID and SR-22 insurance challenges you may face associated with a DUI with a child in the car.

Don’t wait - reach out to our support team today at 888-283-5899 to schedule your ignition interlock device installation. We’re available 24/7 to assist you every step of the way. Contact us today to get started.

Topics:

DUI Ignition Interlock Devices

Get a Free Quote! Call 888-283-5899

What is next? We can help you through the process. Give us a little information and we can help with next steps.

There was an error submitting your form. Please try again.

Thank you, a State Specialist will contact you in the next few minutes to guide you through the IID requirement and process.

Thank you, a State Specialist will contact you during business hours to guide you through the IID requirement and process.

Solicitud de contacto en Espanol

Name*

Phone*

Email*

By clicking the button, I am providing my ESIGN signature and express written consent to permit , and parties calling on its behalf, to contact me at the number provided above, without regard to the time of day, for marketing purposes, including through the use of automated technology, SMS/MMS messages, and prerecorded and/or artificial voice messages. Consent is not a condition of purchase. For California residents, click here.