If you are facing DUI charges with a minor in your vehicle, the penalties in 2026 are more severe than a standard DUI. You could face jail time, heavy fines, loss of your license, and child endangerment charges. Our Rockville criminal defense lawyer can help protect your rights.
According to the National Highway Traffic Safety Administration, about 35 people die in drunk driving accidents every day. Over the course of recent years, over a thousand of those people have been minors.
This isn’t to make you feel guilty; parents are only people, and many of us get behind the wheel mistakenly thinking we’re fine to drive. But you need to understand that getting arrested for DUI with your child in the car is one of the most serious charges you can face.
Maryland Transportation Code Section 21-902 makes it illegal to drive while under the influence. When you have a minor under 18 years old in your vehicle, penalties increase significantly. For a first offense DUI with a child passenger, you face up to two years in jail and a fine of up to $2,000. A second offense carries up to three years in jail and fines up to $3,000.
Your driver's license will be suspended, and you may need to install an ignition interlock device. The court will likely impose mandatory jail time for repeat offenses and longer license suspension periods.
Beyond the DUI charge, prosecutors may file child endangerment charges. This separate criminal offense can result in additional jail time and fines. Your criminal record will show both convictions. This affects future employment, housing applications, and custody arrangements.
Maryland family courts prioritize child safety above all other considerations. A DUI arrest with your child in the car creates serious family law consequences. The other parent may use this incident to seek changes to custody or visitation arrangements.
Child Protective Services may investigate your case because a DUI with your child present often triggers an automatic investigation. CPS can recommend supervised visitation or parenting classes. The court may modify your custody agreement.
Even if you previously had joint physical custody, the court might reduce your parenting time or require supervised visits. These changes can remain in effect for months or years. If you are going through a custody dispute, a DUI with a child in the car significantly weakens your position.
Overcoming this requires strong legal representation. At Diamant Gerstein, LLC, we work closely with clients in both criminal defense and family law. We understand how these two issues can intersect.
Even with serious charges, you have legal defenses available.
Police must have valid reasons to stop your vehicle. If officers lacked reasonable suspicion or probable cause, evidence might be inadmissible. This could result in dismissed charges.
Field sobriety tests are not always accurate. Medical conditions, injuries, fatigue, and nervousness can affect test performance. An attorney can challenge these tests.
Breathalyzer machines require proper calibration and maintenance. If police did not follow proper procedures, the results may be unreliable. Your lawyer can request maintenance records and challenge faulty results.
Blood test results can also be challenged. Issues with chain of custody, laboratory procedures, or sample contamination may make evidence inadmissible.
Your attorney will examine every aspect of your arrest. Even when evidence seems strong, skilled negotiation can result in reduced charges or alternative sentencing.
A DUI charge with a child in your vehicle is one of the most serious criminal charges you can face in Maryland. The consequences extend beyond criminal court into your family life and future. You need an experienced lawyer now.
Contact Diamant Gerstein, LLC at 301-560-2685 today to discuss your case with a Montgomery County criminal defense attorney who will fight to protect your rights.
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Rockville, MD 20852
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