When minors drive with alcohol in their systems, they can receive DUIM (driving under the influence by a minor) charges. While DUIM charges can hold severe consequences for the convicted, certain factors can change what the juvenile is charged for. One of these factors is when a child is in the vehicle with the accused.
Driving While Intoxicated with Child Passenger
A minor can be charged for driving while intoxicated (DWI) with a child passenger if the circumstances call for it. However, a minor cannot be charged for a DWI with a child passenger and a DUIM, which means the prosecution must pick which charge to pursue.
A DWI with child passenger charge requires the following:
- The driver is intoxicated while operating a motor vehicle in a public place; and
- The vehicle being operated by the driver is occupied by a passenger younger than 15 years of age.
Based on the criteria, here are some situations where a minor couldn’t be charged for a DWI with a child passenger:
- The driver has alcohol in their system and a child passenger is in the vehicle, but the driver is not intoxicated.
- The driver is intoxicated and a passenger is in the vehicle, but the passenger is 15 years old.
Need Representation for your case?
If your son or daughter is accused of a DUIM or a DWI with a child, Johnson, Johnson & Baer can help. Our experienced attorneys work solely on cases involving alcohol and motor vehicles, which means they have decades of experience handling DUIM and DWI cases.
Call (713) 422-2270 now for a free consultation for your case!