Facing a DUI with a child in the car in Illinois? Schierer & Ritchie LLC can help defend your rights. Contact us for a free consultation.
At Schierer & Ritchie LLC, we understand the gravity of driving under the influence, especially when a child is in the car. Nearly a third of Peoria households have children, and the constant barrage of errands, appointments, and activities means you’re always on the move. While your children’s safety is your top priority, everyone makes mistakes. Driving under the influence with a child in the car, however, is one of the costliest mistakes you can make.
DUI Without Aggravating Factors
Without aggravating factors, a first-time DUI offense in Illinois is classified as a Class A misdemeanor. This carries a maximum penalty of $2,500 and up to one year’s imprisonment. First-time offenders often receive court supervision, a lenient sentence in which the DUI conviction is removed from their record after fulfilling certain requirements, such as paying fines and completing alcohol education programs.
DUI with a Child in the Car: Elevated to a Felony
Everything changes if a child under the age of 16 is in the car at the time of the offense. Child endangerment laws come into play, which carry steep penalties. In extreme cases, a DUI with a child in your car can lead to losing custody of your child.
First DUI Penalties with a Child in the Car:
- Minimum fine of $1,000
- Up to six months in jail
- 25 days of community service in a program benefiting children
If the child suffers harm as a result of the accident, the DUI escalates to a Class 4 felony with penalties including:
- Fines ranging from $2,500 to $25,000
- Minimum of 10 days in jail or 480 hours of community service
Second DUI Penalties with a Child in the Car:
- Classified as a Class 2 felony
- Fines up to $25,000
- Up to three years in jail
- Minimum of 25 days of community service
- License suspension for five years
Third DUI Penalties with a Child in the Car:
- Classified as a Class 2 felony, even without a child
- Mandatory minimum fine of $25,000
- Up to seven years in jail
- Mandatory minimum of 25 days of community service
- License suspension for 10 years
Fourth DUI Penalties with a Child in the Car:
- Classified as a Class 2 felony
- Permanent loss of driving privileges
- Severe fines and extended jail time as outlined for third DUI offenses
Child Injured Due to DUI
The penalties reflect the tragic reality that 65% of children killed in DUI-related crashes are passengers of the impaired driver, and one in five child passenger deaths involve an impaired driver. If a DUI-related crash results in physical harm to a minor passenger, the charge is automatically escalated to a Class 2 felony, regardless of whether it is a first offense. The consequences of such a mistake are life-changing, and your future will depend on the strength of your defense.
Get Help from a Peoria DUI Lawyer
If you have been arrested for a DUI with your child in the car, it is crucial to contact an experienced Peoria DUI lawyer promptly. Schierer & Ritchie LLC’s skilled attorneys will help you understand the legal defenses and argue your case in court. We are committed to helping you recover from your DUI arrest as quickly as possible. Contact our offices today to schedule your free initial consultation.
Contact Us Today
At Schierer & Ritchie LLC, we are dedicated to protecting your rights and future. If you are facing DUI charges with a child in the car, the consequences are severe, but our experienced legal team can help. Contact us for expert legal assistance and a free consultation.