Motorists in Williamson County and across Tennessee are at risk of driving under the influence (DUI) charges if they drive poorly or fail chemical tests. Frequently, DUI offenses are misdemeanor charges, provided that no one sustained injuries and the driver does not have multiple prior convictions on their record.
However, state authorities can sometimes pursue more serious charges, including felony DUI charges or related felony offenses, when there are aggravating factors present. The presence of a minor child in the vehicle at the time of a DUI arrest can potentially put a motorist at risk of a felony charge. Parents headed home with their children from a Franklin-area restaurant, for example, could end up facing serious criminal charges, even if no one gets hurt.
Tennessee laws recently changed
State statutes regulating child endangerment recently changed, and that adjustment has an impact on DUI cases where there are minor passengers in the vehicle. It may now be possible for the state to pursue a felony charge against a driver who is under the influence while transporting children in their vehicle.
The presence of a child in the vehicle can lead to a child endangerment charge in addition to a DUI charge. A first offense carries a mandatory minimum of 30 days in jail and $1,000 fines. The state can also suspend the driver’s license for a year.
In cases where children sustain serious injuries, felony child endangerment charges could be possible. The penalties then increase to between two and 12 years in prison if the child sustained injuries or between eight and 30 years in prison if the child dies.
Reporting to the Department of Children’s Services is common, especially if the person driving is a parent, even if no one sustained injuries. The situation can quickly change from an inconvenient traffic stop to life-altering criminal charges.
Anyone accused of a DUI offense likely requires legal guidance, but those facing charges that involve aggravating factors are especially vulnerable. An attorney can assist with an evaluation of the state’s case and with the development of a defense strategy that can limit the likelihood of a felony conviction that could forever affect an individual’s opportunities in life.