Facing DUI charges is serious enough. When a minor is in the vehicle, the legal consequences are often severe. Under Colorado law, driving under the influence with a child passenger is treated as a form of child abuse.
If you are arrested and charged with DUI with a minor passenger, you could face criminal penalties, driver’s license restrictions, child custody implications, and other harsh consequences. That is why you need an experienced DUI defense attorney from Peakstone Law Group, formerly known as Patterson Weaver.
Legal Implications of a DUI with a Minor Passenger
In Colorado, driving under the influence (DUI) occurs when a driver operates a vehicle with a blood alcohol content (BAC) of 0.08 percent or higher. Alternatively, a motorist can be charged if they are impaired by alcohol, drugs, or a combination of both, regardless of their BAC.
However, when a child under the age of 16 is in the vehicle, the penalties become more severe. According to C.R.S. 18-6-401, having a passenger under 16 in the car when charged with DUI can result in separate child abuse charges. The level of the child abuse charge depends on the circumstances:
- If no injury occurs but the child is placed in a situation that poses a threat to their safety, the driver can be charged with misdemeanor child abuse.
- If the child is injured or killed, felony child abuse charges apply.
In addition to standard DUI punishments like jail time, fines, community service, license suspension, and mandatory alcohol education, a child abuse conviction has separate consequences. Child abuse penalties may include:
- Mandatory parenting classes
- Supervised visitation with your children
- Removing children from your custody (in extreme cases)
That makes DUI with a minor in the car one of the most serious traffic-related criminal offenses in the state.
Potential Defense Strategies for DUI Charges with a Minor Passenger
Every DUI case is unique. If you have been charged with DUI while transporting a minor, your defense attorney will evaluate several key factors, such as:
- Challenging the stop – Law enforcement must have reasonable suspicion to initiate a traffic stop. If the initial stop was unlawful, evidence collected afterward may be suppressed.
- Questioning field sobriety and chemical test accuracy – Breathalyzers and blood tests are not infallible. Calibration errors, improper administration, and medical conditions can lead to inaccurate readings. Similarly, if the test results were tainted, they may be challenged.
- Reviewing lack of impairment – Even with a BAC near the legal limit, your actual driving behavior may not demonstrate impairment. Witness testimony, body camera footage, or dashcam video may help dispute the contention that you were unable to drive safely.
It is also important to review whether the police delayed testing or if they violated any other Constitutional rights. Each of these factors could lead to reduced or dismissed charges.
How Our Colorado DUI Defense Attorneys Can Help You
DUI charges are a serious matter, especially if you are a parent or guardian who has never been in legal trouble. These cases require aggressive advocacy and an understanding of how Colorado treats DUI and child abuse charges.
Peakstone Law Group is ready to stand up for you. We can begin by conducting our own investigation. We can review police reports, arrest footage, breath or blood test results, and witness statements. From there, we can develop a defense tailored to your unique circumstances.
If you have been charged with DUI while driving with a child in the car, contact us today for a free and confidential consultation.