DUI with Child Endangerment
Driving with a blood alcohol level of 0.08% or above is illegal in Oklahoma. Most first-time DUI offenses are charged as misdemeanors, but subsequent DUIs or a DUI with related charges may be considered a felony.
No matter how many prior DUIs—if any— are on your record, if a child is in the car when you are stopped for a DUI, you will be charged with a felony.
You do not have to be the child’s parent to be charged. The Oklahoma Child Endangerment statute states that anyone—a parent, guardian or person who has control or custody over the child—can be charged. Nor do you have to actually be driving the vehicle. It is still a violation if you are in actual physical control of the vehicle.
If a parent, guardian, or person who has custody or control of a child knowingly allows that child to be present in a vehicle where he or she should have known the operator of the vehicle was impaired can be charged the same as the actual driver.
Having a child in the car while drunk driving carries with it more severe penalties. If you are convicted of a DUI with child endangerment, you face up to four years of jail time and up to $5,000 in fines. If the child was injured or killed, penalties will likely be even more serious.
What should you do if you’ve been charged with a DUI and associated child endangerment?
It is important to remember that being charged with DUI with child endangerment does not necessarily mean that you will be convicted. In order to be convicted of a DUI with child endangerment, it must be proven that you were actually driving or in actual control while under the influence in the first place. Depending on the circumstances of your case, there may be many ways to build a solid defense.
If you are facing these charges, you need an attorney with experience in defending those accused of DUI charges in Oklahoma. The Hunsucker Legal Group has a proven track record of getting DUI charges dismissed or reduced. Contact us today to schedule a free, no-obligation review of your case.
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