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Defending Against DUI and Child Endangerment Charges
Driving under the influence (DUI) is a serious offense that not only risks the safety of the driver but also endangers the lives of others on the road, including any minors present in the vehicle. In Missouri, the presence of a child under the age of 17 in a vehicle during a DUI offense can lead to enhanced penalties, reflecting society’s collective concern for the welfare of children.
We at the Benjamin Law Firm, LLC possess the knowledge and resources necessary to navigate these legal complexities. Our extensive skills in DUI defense extend to cases of child endangerment, where the stakes are even higher.
Our team is dedicated to providing robust defense strategies tailored to our clients’ individual circumstances. With a foundation of training from the Gerry Spence Trial Lawyers College, we are equipped to handle the intricacies of DUI and child endangerment charges. Our proactive approach aims to ensure the best possible outcomes, safeguarding our clients’ rights and securing their future.
Understanding DUI Child Endangerment
In Missouri, driving with a blood alcohol level exceeding .08% is considered a DWI (driving while intoxicated). A DWI can result in fines, jail time, and the loss of your driver’s license. Additionally, you may be required to complete an alcohol rehabilitation program or community service program.
When someone is arrested for driving under the influence (DUI), the misdemeanor DUI charge becomes more serious if a child is in the vehicle. An individual facing DUI with a minor passenger may also face an additional child endangerment sentence enhancement.
Under Missouri statutes, a person commits the offense of endangering the welfare of a child if they act in a manner that creates a substantial risk to the life, body, or health of a child less than seventeen years of age. This is equally applicable to drunk driving cases. If convicted, this can lead to a felony conviction, especially when the offense involves intoxication.
Penalties for a DUI With a Child Passenger
Depending on the state, DUI and child endangerment are defined differently, but generally speaking, they involve operating a motor vehicle while impaired by alcohol or drugs with a child in the vehicle. The penalties often include:
- Increased fines
- A longer jail sentence
- Mandatory rehabilitation programs
- Possible loss of parental rights
Any prior DWI convictions and/or the severity of the offense will affect the penalty for DWI. These consequences reflect society’s view on the grave nature of endangering a child’s welfare. It’s also crucial to understand that these charges may have lasting impacts on custody battles and future parental rights.
Impact of a Child Endangerment DUI on Parental Rights
When someone is arrested for violating DWI and child endangerment laws, the arresting officer typically notifies the Department of Social Services (DSS). Involvement of the Missouri Department of Social Services could impact custody arrangements and potentially lead to the termination of parental rights or restrictions on parenting privileges.
In cases of child endangerment, the DSS conducts a comprehensive investigation. If the investigator determines that the child is at risk, they may remove the child from the home or care.
Our role at Benjamin Law Firm, LLC is to mitigate these consequences. We ensure each of our clients is represented by an attorney who is trained to handle the complexities of such cases. Call us for more information.
We fight diligently for reduced charges, fair sentencing, and the protection of parental rights. Our direct and professional approach aims to secure a more favorable outcome for our clients, understanding that a DUI conviction and a child endangerment charge can dramatically alter the course of one’s future.
Strategies for Contesting the DUI and Child Endangerment Charges
After being charged, preparing your defense and presenting your perspective as soon as possible is critical. You do not have to handle this process alone, as our team is available to help you understand the legal framework and use your available legal options.
In Missouri, you can contest DUI and child endangerment charges by using the following strategies:
- Challenging the Admissibility of Evidence: In this case, it may be possible to suppress evidence obtained unlawfully during the arrest process by scrutinizing it.
- Negotiating Reduced Charges: If possible, we can try to negotiate a more equitable charge that more accurately reflects the conduct alleged, potentially reducing the severity of the punishment.
- Explore Alternative Sentencing: Instead of incarceration, we will look into alternative sentencing options, such as diversion programs or rehabilitation, to mitigate the charge.
The applicable defense strategy that would work for you will depend on the unique circumstances of your case. Speak to seasoned defense attorneys as soon as possible.
Preventative Measures and Legal Advice
The most effective way to avoid DWI and child endangerment charges is to take proactive measures, especially if you will be consuming alcoholic beverages. Effective methods to avoid these charges include:
- Planning Ahead: Plan ahead by ensuring there is a designated sober driver before consuming alcohol.
- Other Transportation: Utilize ride-sharing apps, providing a safe alternative for transportation when unable to drive.
- Awareness: Stay informed about the laws and penalties associated with impaired driving to deter such behavior.
After being stopped by law enforcement, the best course of action is to seek legal representation as soon as possible. Our skilled criminal defense team is equipped to handle these complex situations confidently and tenaciously. Clients can rest assured that an experienced DUI defense team represents them.
Defending Against DUI and Child Endangerment Charges with the Benjamin Law Firm, LLC
If you are facing DUI or child endangerment charges, the path to success begins with us. As your defense team, we’re committed to working tirelessly for you, using our expertise to protect your freedom and future.
At the Benjamin Law Firm, LLC, we understand the gravity of facing DUI and child endangerment charges. Each case is unique, and our defense strategies are tailored to champion our clients’ rights and secure the most favorable outcomes.
Our firm’s attorneys, trained at the prestigious Gerry Spence Trial Lawyers College, employ proactive and client-focused strategies. We bring tenacity and skill to every case, knowing the right moves can make all the difference.
In order to develop a strong defense, we thoroughly investigate the charges and the events leading to your arrest, highlighting inconsistencies in the prosecution’s case.
Call our firm today to get started with your defense.
