A variety of different situations can worsen the outcome of driving under the influence (DUI) charges in Oklahoma. If a motorist has multiple prior offenses on their record, the courts are more likely to hand down harsh penalties. Prosecutors can bring more serious charges against those who cause crashes that lead to injury or death for others.
Even when the offense involves simply being over the legal limit without a prior offense, there can be aggravating factors that worsen the potential penalties possible. Sometimes, the presence of other people in the vehicle is the aggravating factor that changes the charges and penalties possible.
Under Oklahoma state statutes, parents may be at elevated risk of felony charges after a DUI arrest when compared with single professionals. The presence of children in a vehicle is a common aggravating factor in DUI cases.
Children generally can’t say no to adults
Children generally need to follow the commands of adults, which makes them vulnerable. The law in Oklahoma imposes numerous responsibilities on parents and other caregivers of minor children. They typically need to act in the best interests of the children and avoid scenarios that put them in harm’s way. According to current state statutes, knowingly allowing a child to travel in a vehicle operated by someone under the influence constitutes felony child endangerment.
Police officers may very well arrest a parent who fails a breath test if they have their minor children in the vehicle with them at the time of their arrest. A parent who allows an impaired driver to take their children in a vehicle could also face charges even if they were not in the vehicle at the time of the traffic stop.
Felony child endangerment charges can lead to significantly increased penalties. The courts can sentence someone to up to four years in state custody and as much as $5,000 in fines for child endangerment in addition to any penalties assessed for the DUI charge. Child endangerment charges can also leave a parent at risk of losing custody of their children. Evidence of prior endangerment can influence how family law judges handle contested custody cases.
Anyone accused of an Oklahoma DUI offense involving aggravating factors may need to look at various options for defending against those charges. Fighting DUI charges can help someone avoid a criminal record and may assist them in preserving their parental rights.