Being stopped under the suspicion of driving while intoxicated is a frightening enough experience without a child in the car. If you do have a child in the car and you are arrested for a DWI, the situation becomes much worse. Not only are you scrambling to have someone pick up your child while you’re on the side of the road getting arrested, you face serious fines if you’re convicted. While it’s always important to defend yourself against DWI charges, a solid defense becomes even more critical when you’ve been accused of driving under the influence of alcohol while transporting a minor in your vehicle. Here’s what you need to know.
The penalties for driving while intoxicated with a child in the car are harsher than traditional DWI penalties.
First Offense: Up to two years in a county jail and up to a $2,000 fine.
Second Offense: Up to three years incarceration and up to a $3,000 fine.
Third and Fourth Offenses: Up to four years in prison and up to a $4,000 fine.
Being convicted of a DWI in Maryland while transporting a minor in your vehicle can be a life-changing criminal offense, even if it’s for the first time. It’s important that you begin formulating a strong defense as soon as possible after your arrest.
Defending a DWI Charge with a Minor in the Car
One thing that can’t be argued in this type of case is the presence of the minor in the vehicle at the time of your arrest.
However, traditional DWI defense strategies can still be effective in a case like this. For example, an experienced Maryland DWI attorney can argue that the officer had no probable cause to stop your vehicle in the first place. Or, they may present evidence that the breathalyzer test was inaccurate because the officer had not properly calibrated his or her equipment. In both of these instances, it’s possible to have the case dismissed, which would also dismiss the DWI with a minor in the vehicle charge.
Don’t wait to contact an attorney after you’ve been arrested for a DWI, especially if you were driving with a child in your car. Many people are wrongfully accused of driving under the influence of alcohol with their child in the vehicle, and you need an attorney who can help fight for your rights. Contact Richard J. Brueckner today to schedule a consultation at (410) 430-1464.