DUI and Child Endangerment Charges
Facing DUI and child endangerment charges in Spotsylvania County, Virginia, can put your future at serious risk. When a minor is involved, the law doesn’t treat the situation like an ordinary DUI. You may also face an accusation of putting a child in danger, which brings harsher penalties and long-term consequences.
Virginia prosecutors take drunk driving with a child in the car very seriously, especially if the child is young or if you have a prior record. What begins as a routine stop can quickly lead to mandatory jail time, steep fines, and the possibility of a felony charge. Understanding these charges is the first step in protecting yourself and your family.
What Is DUI with Child Endangerment in Virginia?
If you’re convicted of DUI with a child under 17 in the car, the court will add mandatory jail time and an extra fine to your sentence. You won’t face just the standard DUI penalties. Putting a minor at risk leads to even more severe consequences. The child doesn’t need to be injured for the court to apply these penalties. Simply having a minor in the car during a DUI offense can result in enhanced punishment.
A first-time DUI with a child in the car is typically charged as a misdemeanor. However, in some jurisdictions or if other serious factors are involved—such as injury to the child, multiple DUI convictions, or a suspended license—you could be looking at felony charges.
Penalties for DUI and Child Endangerment
If you’re convicted of DUI while transporting a minor under the age of 17, the court must impose additional penalties, even if it’s your first offense:
- A minimum of 5 days in jail;
- A mandatory fine of $500 to $1,000; and
- Possible increase in overall sentencing if aggravating factors are present.
Felony charges can result in over a year in prison and long-term damage to your criminal record and parental rights.
The more serious the circumstances—such as high blood alcohol levels, a crash, or prior DUI history—the more likely the judge is to impose maximum penalties.
In addition to criminal consequences, the prosecution could charge you with abuse and neglect of children, and the Department of Social Services may open an investigation, which could lead to involvement with Child Protective Services (CPS).
How Drunk Driving with a Child in a Car Impacts Virginia Families
A DUI with a child in the car can create serious problems beyond the courtroom—especially for families in Spotsylvania County. These charges often affect custody cases, trigger investigations by Child Protective Services, and raise questions about a parent’s judgment and fitness. The legal consequences are only part of the fallout. The emotional and practical toll on your family can be just as severe.
What’s at Stake If You Don’t Fight the Child Endangerment Charges
A conviction for DUI and child endangerment can follow you long after your sentence ends. Beyond jail time and fines, a permanent criminal record can affect your ability to gain employment, qualify for housing, or retain custody of your children. Courts may view you as a safety risk in future family law matters, and social services could monitor your parenting long-term.
In Spotsylvania County, prosecutors often take an aggressive approach to these cases. If you don’t challenge the charges early, you may lose the opportunity to keep them off your record. Acting quickly and building a strong defense gives you the best chance of limiting the damage and protecting your future.
FAQS About Virginia Child Endangerment Charges
What Is DUI with Child Endangerment?
This refers to being charged with DUI while a child under 17 was in the car, triggering extra legal penalties under Virginia law.
What Happens if I Get a DUI with a Child in the Car?
Even on a first offense, you’ll face standard DUI penalties, a mandatory jail sentence, and a fine.
What Are the Penalties for DUI and Child Endangerment?
There is a mandatory minimum of 5 days in jail, a $500 to $1,000 fine, and possibly more based on the situation.
Is DUI with a Minor in the Car a Felony?
Typically, DUI with a minor in the car is a misdemeanor. However, you may be charged with felony child abuse / neglect, depending upon the circumstances and the jurisidiction.
Will I Go to Jail for DUI Child Endangerment?
Yes, the law requires jail time—even if it’s your first DUI. The minimum is five days, but it can be longer, depending on the facts.
Get Immediate Assistance from an Experienced Virginia DUI Defense Attorney
Being charged with DUI and child endangerment in Virginia can put your freedom, your record, and your parental rights on the line. These cases move fast, and prosecutors push for harsh penalties—even on a first offense. At Flusche & Fitzgerald, we help parents fight back against charges that could impact custody, employment, and their family’s future. Contact us today to discuss your case and learn how we can help protect what matters most.
