In Oklahoma, driving under the influence (DUI) is a serious offense that carries heavy legal repercussions. However, when a child is present in the vehicle during a DUI incident, the legal consequences are even more severe.
If you have been arrested for DUI with a minor in the vehicle, you need to seek the representation of an experienced Oklahoma DUI defense attorney as soon as possible. Contact Fabian & Young today to schedule a consultation with an Oklahoma child endangerment DUI lawyer to discuss your case.
Enhanced DUI Charges with a Child in the Vehicle
When you are arrested for DUI in Oklahoma with a child in the car, the charges are automatically elevated. What might have been a misdemeanor offense becomes a felony. This reflects the seriousness of endangering a minor while driving under the influence of drugs or alcohol.
The presence of a child in the vehicle during a DUI not only makes the DUI a felony charge but you can also be charged with the separate crime of child endangerment. Child endangerment is a serious criminal offense in Oklahoma.
This dual charge significantly increases the potential penalties and long-term consequences if you are convicted. The stakes are high and it is important to have legal representation from a child endangerment DUI lawyer in Oklahoma that is experienced and knowledgeable in this area of the law.
Understanding Child Endangerment in Oklahoma
Oklahoma’s child endangerment statute (21 Okla. Stat. § 852.1) is broadly defined to encompass various scenarios where a child’s safety is put at risk. The law holds adults responsible for a child’s well-being accountable if they knowingly permit the child to be in certain dangerous situations.
These situations include:
- Physical or sexual abuse of the child
- Exposing the child to environments where dangerous controlled substances are being manufactured
- Allowing the child to ride in a vehicle operated by an intoxicated driver, or being the intoxicated driver with a child passenger
It’s important to understand that for child endangerment charges to apply, the child does not need to suffer actual harm. The mere act of placing a child in a potentially dangerous situation is enough to be prosecuted under this statute. Additionally, Oklahoma law does not specify an exact age limit for child endangerment cases, generally considering anyone under 18 as a child for these purposes.
Interestingly, the child endangerment statute also extends to passengers who allow a child to ride in a vehicle with an intoxicated driver. This means that a parent or guardian who permits a child to be transported by someone under the influence can face the same criminal penalties as the impaired driver, even if they were not operating the vehicle.
Legal Definition of Harm to a Child
Oklahoma law has a broad definition of what constitutes harm or threatened harm to a child’s health or safety. This includes any actual or threatened physical, mental, or emotional injury or damage to the body or mind that is not accidental.
Penalties for Child Endangerment in DUI Cases
Child endangerment is a felony offense in Oklahoma. If convicted, the penalties can be harsh, including:
- Up to four years in prison
- A fine of up to $5,000
- Or both imprisonment and a fine
These penalties are in addition to any consequences stemming from the DUI charge. A conviction for child endangerment combined with a DUI can have far-reaching impacts beyond the criminal justice system. Parents or guardians may face investigation from child protective services and potentially lose custody or visitation rights with their children.
DUI Defenses and Legal Representation
In Oklahoma, driving with a blood alcohol concentration (BAC) of 0.08% or higher is illegal. Most first-time DUI offenses are charged as misdemeanors, but subsequent offenses or DUIs with aggravating factors (such as having a child in the vehicle) can result in felony charges. Speak with an aggravated DUI lawyer in Oklahoma for legal guidance in this case.
Given the seriousness of DUI cases involving child passengers, you must seek the help of an experienced Oklahoma child endangerment DUI defense attorney. The attorneys at Fabian & Young are well-versed in handling such cases in Oklahoma. We understand the complexities of DUI and child endangerment laws and can provide strong defense strategies to protect your rights and work towards the best possible outcome.
Contact an Child Endangerment DUI Defense Attorney in Oklahoma
When you retain Fabian & Young for a child endangerment DUI charge, we get to work immediately to begin building your best defense. Some of the steps we take include the following.
- We thoroughly review the circumstances of your arrest and any evidence collected.
- We challenge the validity of field sobriety tests or breathalyzer results when appropriate.
- We look for potential violations of your constitutional rights during the arrest process.
- We negotiate with prosecutors to possibly reduce charges or penalties.
- We represent you vigorously in court if your case goes to trial
The stakes are high in DUI cases involving child passengers, with potential consequences that can harm your freedom, finances, and family relationships. Having the right legal team can make a tremendous difference in these cases.
If you find yourself facing DUI charges with a child endangerment enhancement in Oklahoma, act quickly to protect your rights and future. Contact Fabian & Young today for a free consultation to discuss your case and explore your legal options.