DWI with Child Present in Raleigh
Was one or more of your passengers a child when you were arrested in North Carolina for DWI? You should immediately seek legal counsel in order to avoid or at least mitigate the most costly and damaging consequences.
Our Raleigh DWI attorneys at Coolidge Law Firm aggressively defend clients all over and surrounding areas, including , Holly Springs, , Fuquay-Varina, Cary, Apex, and. We do NOT simply plead our clients guilty to DWI charges. We explore every possible defense and aggressively fight for our clients at trial. Call today to set up a free initial consultation that will allow our firm to review your case and discuss your legal options.
DWI with Child Present Lawyer in Raleigh
In 2011, then-Governor Beverly Perdue signed House Bill 49, better known as “Laura’s Law.” The legislation was named after 17-year-old Laura Fortenberry, who was killed in July 2010 when her motor vehicle was struck head-on by a drunk driver who had three previous driving while intoxicated (DWI) convictions.
Laura’s Law not only increased fines and punishments for repeat DWI offenders, but it also instituted harsher penalties for alleged offenders accused of driving impaired with a child in the vehicle. Under the new law, people charged with having a minor child in their automobiles at the time of their offenses automatically face Level One punishments.
DWI with Child Present Charges
Before 2011, a person could face aggravated DWI charges if he was driving with a child under 16 years of age in the car. If no other aggravating factors existed, the alleged offender would face a Level Two punishment.
Under the new law, driving while impaired with a child passenger qualifies as a grossly aggravating factor that automatically triggers the second strongest level of sentencing, a Level One punishment. Furthermore, NC General Statute § 20-179(c)(4) establishes three types of passengers that may lead to this punishment:
- A child under the age of 18 years;
- A person with the mental development of a child under the age of 18 years; or
- A person with a physical disability preventing unaided exit from the vehicle was in the vehicle at the time of the offense.
Prosecutors take these charges extremely seriously because they know that judges and juries are likely to view alleged offenders as having recklessly endangered the lives of innocent children.
Grossly Aggravating Factors in Raleigh DWI Cases
While the grossly aggravating factor of impaired driving with a child under the age of 18 years, a person with the mental development of a child under the age of 18 years, or a person with a physical disability preventing unaided exit from the vehicle constitutes a Level One punishment in NC, this level punishment is normally imposed when there are two grossly aggravating factors. Other grossly aggravating factors include the following types of prior impaired driving convictions:
- A DWI conviction that occurred within seven years before the date of the offense for which the alleged offender is being sentenced;
- A DWI conviction that occurs after the date of the offense for which the alleged offender is presently being sentenced, but prior to or contemporaneously with the present sentencing; or
- A DWI conviction that occurred in district court, the case was appealed to superior court, the appeal has been withdrawn or the case has been remanded back to district court, and a new sentencing hearing has not been held.
Each prior conviction is treated as a separate grossly aggravating factor. Additional grossly aggravating factors include:
- Alleged offender’s driver’s license was revoked at the time of the offense, and the revocation was an impaired driving revocation; or
- Serious injury to another person caused by the alleged offender’s impaired driving at the time of the offense.
If there are three or more grossly aggravating factors, then the alleged offender faces an Aggravated Level One punishment.
DWI with Child Present Penalties
The consequences of a DWI conviction depend on certain aggravating and mitigating factors, with aggravating factors leading to more severe penalties. A person who is convicted of impaired driving with a child under the age of 18 years, a person with the mental development of a child under the age of 18 years, or a person with a physical disability preventing unaided exit from the vehicle will be sentenced to one of the two following forms of punishment:
- Minimum of 30 days up to a maximum of 24 months imprisonment and a fine of up to $4,000; or
- Minimum of 12 months up to a maximum of 36 months imprisonment and a fine of up to $10,000.
NC law does allow for some departure from these penalties in certain cases. Under North Carolina General Statute § 20-179(g), a judge can reduce the minimum term of imprisonment for a Level One Punishment to a minimum of 10 days so long as a condition of special probation is that the alleged offender abstain from alcohol consumption and be monitored by a continuous alcohol monitoring system for not less than 120 days. The judge will also impose a requirement that the alleged offender obtain a substance abuse assessment and the education or treatment required for the restoration of a driver’s license as a condition of probation.
In an Aggravated Level One punishment case, General Statute § 20-179(f3) states that a term of imprisonment can be suspended only if a condition of special probation is imposed to require the alleged offender to serve a minimum term of imprisonment of 120 days. If the alleged offender is placed on probation, the judge will also require the alleged offender to abstain from alcohol consumption for a minimum of 120 days as verified by a continuous alcohol monitoring system and obtain a substance abuse assessment and the education or treatment required for the restoration of a driver’s license as a condition of probation.
Child Endangerment Charges in a DWI
In North Carolina, driving while intoxicated with a child in the vehicle is treated as a serious offense, often resulting in additional charges of child endangerment or misdemeanor child abuse. Under NC law, misdemeanor child abuse occurs when a child’s caretaker inflicts physical injury, allows physical injury to be inflicted, or creates a substantial risk of physical injury to the child.
In most cases, having a child in the motor vehicle while committing a DWI falls under the third category, and can mean separate child abuse charges in addition to your DWI offense.
Child endangerment in a DWI case is considered a Class A1 misdemeanor, which is the most serious class of misdemeanor offenses in NC. If convicted, you could face up to five months in jail or probation.
Additionally, because having a child in the vehicle is a grossly aggravating factor, your DWI sentencing level is automatically elevated. A single grossly aggravating factor results in a Level 2 DWI sentence, carrying a minimum jail sentence of seven days and up to one year, as well as a maximum fine of $2,000. If there are additional aggravating factors, the penalties could be even harsher.
Beyond the criminal penalties, child abuse charges can have lasting consequences on your personal and family life. If you share custody of your child, a conviction could impact your ability to retain custody, as family courts may view a DWI with a child present as evidence of parental unfitness. Child protective services may even become involved if the judge rules it necessary.
North Carolina Resources for DWI with Child Present
North Carolina General Assembly | Session Law 2011-191 | House Bill 49 — This is the bill that became known as Laura’s Law and was approved on June 23, 2011. You can read the full text of the entire bill and see all of the changes that it made to existing legislation, including North Carolina General Statute § 20-179, North Carolina General Statute § 20-17.8, and North Carolina General Statute § 7A-304(a).
North Carolina Department of Transportation (NCDOT) Initiatives — This section of the NCDOT website is dedicated to information about various initiatives of the Governor’s Highway Safety Program. You can learn more about the “Booze It & Lose It” campaign, the “Click It or Ticket” program, BikeSafe North Carolina, child passenger safety, and more. There are factsheets, news, and brochures.
Frequently Asked Questions About DWI with a Child Present
What does it mean to be charged with a DWI with child present in Raleigh?
Being charged with a DWI with child present in Raleigh means you were arrested for impaired driving while a minor or another protected passenger was in your vehicle. Under NC law, this is considered a grossly aggravating factor, which automatically raises the sentencing level and exposes you to much harsher penalties than a standard DWI.
What are the penalties for a DWI with a child passenger in North Carolina?
If convicted, the punishment can include 30 days to 36 months in jail, fines of up to $10,000, mandatory substance abuse treatment, and continuous alcohol monitoring. In aggravated cases with multiple grossly aggravating factors, the penalties are even more severe, and probation requires at least 120 days of active jail time.
Can I also face child endangerment charges?
Yes. In addition to DWI penalties, prosecutors often file child endangerment or misdemeanor child abuse charges. In NC, child endangerment in a DWI case is a Class A1 misdemeanor, which carries the possibility of up to five months in jail or probation. A conviction may also affect custody rights if you share parenting responsibilities.
How can a Raleigh DWI lawyer help in these cases?
An experienced Raleigh DWI attorney can evaluate whether the police officer had probable cause for the stop, challenge chemical testing procedures, and argue against the application of certain aggravating factors. Your lawyer may also negotiate for reduced penalties or alternative sentencing that focuses on treatment rather than lengthy incarceration.
Will a DWI with a child present affect my custody or family court case?
Yes, it can. Family courts may view this charge as evidence of parental unfitness, which could impact custody arrangements. In some cases, child protective services may become involved. Having a defense attorney advocate for you is critical to protecting both your legal rights and your relationship with your child.
Call a DWI with Child Present Lawyer!
If you allegedly had a child or other protected class of passenger in your vehicle when you were arrested for impaired driving in North Carolina, you could be facing extremely serious penalties. You should not delay in seeking criminal defense attorneys if you are facing any of these types of aggravating factors.
Coolidge Law Firm fights these kinds of charges for clients all over the Raleigh area, including students at such colleges and universities as William Peace University, Wake Technical Community College, the University of North Carolina at Chapel Hill (UNC), Shaw University, North Carolina State University, Meredith College, and Duke University. You can have our criminal defense attorneys review your case by calling or fill out the contact form below right now to schedule of a free, confidential consultation.
Menu
Practices
Reviews
Contact