Facing a DUI charge is already a serious matter, but when the arrest involves a child passenger, the stakes become significantly higher. In Florida, a DUI with a child in the vehicle is considered an aggravated offense. This means the penalties are much more severe, including higher fines, longer license suspensions, mandatory ignition interlock devices, and even potential jail time. In places like Fort Lauderdale and throughout Broward County, individuals charged with DUI while transporting a minor need skilled legal representation immediately.
A DUI lawyer plays a critical role in protecting the rights of the accused and challenging the prosecution’s case. Understanding how these cases are defended can make a substantial difference for anyone facing such charges.
Why DUI with a Child Passenger Is Treated Differently
The law considers driving under the influence with a minor in the car as child endangerment. Prosecutors often pursue these cases aggressively because they involve the safety of children, which can sway both judges and juries. In Florida, the legal blood alcohol concentration (BAC) limit is 0.08%. However, when a child is present, law enforcement and prosecutors may push harder for maximum penalties even if the BAC is only slightly above the limit.
This is why working with an experienced DUI lawyer is essential—someone who not only understands DUI law but also the emotional and legal weight child endangerment allegations carry.
Common Defense Strategies Used by a DUI Lawyer
A knowledgeable DUI attorney uses multiple strategies to defend against DUI with child passenger charges. Some of the most effective include:
1. Challenging the Traffic Stop
The first step is examining whether law enforcement had a valid reason to pull the driver over. If the stop was unlawful or based on weak probable cause, the evidence gathered afterward may be suppressed, weakening the prosecution’s case.
2. Questioning the Accuracy of BAC Tests
Breathalyzers and blood tests are not always reliable. Improper calibration, poor maintenance, or errors during administration can lead to inaccurate results. A skilled DUI lawyer will scrutinize the testing procedures to determine if the results can be excluded or challenged.
3. Examining Officer Conduct
Law enforcement officers are required to follow strict protocols during DUI arrests. If an officer failed to read Miranda rights, improperly conducted field sobriety tests, or violated the driver’s constitutional rights, these errors can form a strong defense.
4. Highlighting Lack of Evidence of Impairment
A BAC reading alone may not prove impairment. A lawyer may argue that the driver was not actually impaired and that their behavior did not endanger the child passenger. This is particularly relevant in cases where prescription medications or medical conditions may have influenced the results.
5. Negotiating Reduced Charges
Sometimes, the best defense involves negotiation. A DUI lawyer may work with the prosecution to reduce the charges to a standard DUI or a reckless driving charge, minimizing the long-term consequences for the accused.
The Importance of Experienced Legal Representation
Defending against a DUI with a child passenger charge is not the same as fighting a typical DUI case. The added element of child endangerment requires an attorney who is both aggressive and strategic.
Attorney Eric H. Clayman, P.A., based in Fort Lauderdale, is one such lawyer. With his background as a former police officer and DUI investigator, Mr. Clayman brings unique insight into how law enforcement handles these cases. His law enforcement experience, combined with years of criminal defense practice, allows him to challenge DUI evidence effectively and advocate strongly for his clients.
Protecting Your Future After a DUI with a Child Passenger Charge
A conviction for DUI with a child passenger can have lasting consequences—criminal records, license suspension, financial penalties, and even impacts on family law matters such as custody. The sooner you seek legal help, the better your chances of building a strong defense.
If you or someone you know in Fort Lauderdale or Broward County has been charged with DUI involving a child passenger, don’t wait. Contact Eric H. Clayman, P.A., to discuss your case and explore your defense options. His unique background and proven track record in DUI defense can make a crucial difference in protecting your rights and your future.
This post was written by a professional at The Law Office of Eric H. Clayman, P.A. The Law Office of Eric H. Clayman, P.A., serves Ft. Lauderdale and Broward County, specializing in criminal defense, including dui attorney Broward, drug crimes, and violent offenses. With a background as a former police officer, Eric H. Clayman brings invaluable insight into law enforcement procedures. His experience as a DUI investigator, narcotics investigator, and member of street crimes and auto theft units, along with executing high-risk felony warrants, gives him a strategic edge in defending his clients. Committed to protecting your rights and achieving the best results, the Law Office of Eric H. Clayman, P.A., is your trusted ally in the face of criminal charges.
