DUI With a Minor in the Car: Why Fort Lauderdale Prosecutors Take These Cases So Seriously

Driving under the influence (DUI) is already a serious offense in Fort Lauderdale. But when a minor is in the vehicle, the consequences become far more severe. Prosecutors in Fort Lauderdale and across Florida aggressively pursue these cases, often seeking enhanced penalties and additional charges beyond a standard DUI. The presence of a minor in the car suggests an increased risk to public safety, making the offense more likely to be prosecuted to the fullest extent of the law.Fort Lauderdale DUI arrest child in car

For those facing DUI with a minor in the car, it is crucial to understand how Florida law handles these cases, what additional penalties you could face, and how a skilled Fort Lauderdale DUI criminal defense lawyer can help protect your rights.

Florida Laws on DUI With a Minor in the Car

Florida’s DUI Statute – F.S. 316.193

Under Florida Statute 316.193, a person commits DUI if they:

  • Operate or are in actual physical control of a vehicle while under the influence of alcohol or drugs to the extent that their normal faculties are impaired, OR
  • Have a blood alcohol concentration (BAC) of 0.08% or higher.

For a first-time DUI offense, penalties typically include fines, probation, community service, a license suspension, and potentially jail time. However, when a minor (anyone under 18) is in the vehicle at the time of the arrest, enhanced penalties apply.

Enhanced Penalties for DUI With a Minor in the Car

Florida law specifically enhances DUI penalties under F.S. 316.193(4) when a child is present in the vehicle. If convicted:

  • The fine is doubled:

    • First offense: Minimum $1,000 fine (instead of $500).
    • Second offense: Minimum $2,000 fine (instead of $1,000).
    • Third offense (within 10 years): Felony DUI, carrying up to five years in prison.
  • Increased jail time:

    • A mandatory sentence of up to 9 months for a first offense (instead of 6 months).
    • A second offense carries up to 12 months in jail.
  • Mandatory ignition interlock device (IID) for at least 6 months.

  • Additional probation and community service requirements.

In severe cases—such as when the DUI results in an accident, injury, or reckless driving—prosecutors may pursue felony charges under Florida’s aggravated DUI laws.

Does Having Multiple Minors in the Car Make a Difference?

Yes. If multiple minors are in the vehicle, the prosecution may argue that each child is a separate victim, potentially leading to multiple counts of DUI child endangerment. Additionally, the totality of circumstances—such as the children’s ages, road conditions, and the driver’s BAC level—can influence sentencing. In some cases, having multiple minors in the car can elevate the offense to a felony rather than a misdemeanor.

Additional Non-Criminal Consequences

A conviction for DUI with a minor in the car can have life-changing consequences beyond criminal penalties. These include:

Child Custody and Family Law Implications

If you are involved in a child custody dispute, a DUI with a minor in the vehicle can be used against you in family court.

Under Florida law, judges make custody decisions based on the best interests of the child (F.S. 61.13). A DUI conviction involving a minor can be viewed as child endangerment, potentially leading to:

  • Loss of custody or visitation rights
  • Supervised visitation orders
  • Parental fitness evaluations

In severe cases, the Florida Department of Children and Families (DCF) may even initiate an investigation, which could result in temporary or permanent loss of parental rights.

Professional and Employment Consequenceschild in car DUI Fort Lauderdale

Many employers conduct background checks, and a DUI conviction—especially one involving child endangerment—can result in job loss, particularly for individuals in:

  • Education and childcare
  • Healthcare
  • Commercial driving
  • Law enforcement or government positions

Additionally, professional licensing boards may revoke or suspend a person’s ability to practice in certain fields, such as medicine, law, and aviation.

Auto Insurance Rate Increases

A DUI conviction will result in a dramatic increase in auto insurance premiums, often by hundreds or even thousands of dollars per year. Some insurance providers may cancel your policy altogether after a conviction involving DUI with a minor in the car.

Potential Defenses to DUI With a Minor in the Car

An experienced Fort Lauderdale DUI criminal defense lawyer can challenge the charges against you using several key defense strategies:

1. Challenging the Traffic Stop

Law enforcement must have a valid legal reason to pull you over. If the officer lacked probable cause for the stop, any evidence obtained—including BAC test results—may be inadmissible.

2. Questioning the Breathalyzer Results

Breathalyzer tests are not always reliable. Issues such as improper calibration, operator error, or medical conditions (like GERD or diabetes) can lead to false positives.

3. Challenging Field Sobriety Tests

Field sobriety tests are subjective and can be influenced by fatigue, nervousness, or medical conditions. A skilled attorney can challenge the validity of these tests in court.

4. Proving Lack of Impairment

Even if you had alcohol in your system, that does not automatically mean you were impaired. Factors like rising BAC, improper testing procedures, or even witness testimony can help cast doubt on the prosecution’s case.

5. Questioning Law Enforcement Procedures

If officers failed to follow proper protocol during the arrest—such as neglecting to inform you of your Miranda rights—this could lead to a dismissal of charges.

Why You Need an Experienced Fort Lauderdale Criminal Defense Lawyer

DUI cases involving minors are not treated like standard DUIs. Prosecutors aggressively pursue these cases, and the courts have little tolerance for individuals who put children at risk. A conviction can destroy your reputation, limit your job prospects, and even jeopardize your parental rights.

Hiring a skilled criminal defense lawyer can:

Negotiate reduced charges or alternative sentencing (such as diversion programs)
Identify weaknesses in the prosecution’s case
Advocate for your rights in both criminal court and family court
Work to avoid a conviction that could permanently affect your future

If you or a loved one is facing DUI with a minor in the car in Fort Lauderdale or anywhere in Florida, time is critical. Contact our office today for a confidential consultation. We will fight to protect your rights, minimize penalties, and seek the best possible outcome in your case.

If you have been arrested for DUI in Fort Lauderdale, call The Ansara Law Firm today for your free initial consultation at (954) 761-4011.

More Blog Entries:

Can You Refuse a Breathalyzer Test in Florida? Pros, Cons, and Legal Implications, Jan. 6, 2025, Fort Lauderdale DUI Defense Lawyer Blog

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