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DUI with a Child Passenger

Judges and prosecutors in Tampa, Hillsborough County, FL, treat DUI cases very seriously if a minor child passenger under the age of 18 years old was found in the vehicle at the time of the DUI offense. In fact, Florida law enhances the minimum mandatory statutory requirements when a minor child is a passenger at the time of the DUI.

The fine is higher, the statutory maximum amount of jail time the court can impose is higher, and a requirement that the ignition interlock device is installed is required.

Depending on the circumstances, the driver might also face felony child endangerment or neglect charges.

Click here to read more about our Recent Case Results in DUI Cases.

Contact an experienced Tampa DUI lawyer in Tampa, Hillsborough County, to discuss any DUI charge involving a minor in the vehicle. Call 813-250-0500.

Penalties for a DUI with a Minor Passenger

Under Florida Statute Section 316.193, the Court must impose the following enhanced penalties if a minor child under the age of 18 years old was present in the vehicle at the time the person arrested was driving or in actual physical control of the vehicle:

  1. By a fine of:
    1. Not less than $1,000 or more than $2,000 for a First DUI Conviction.
    2. Not less than $2,000 or more than $4,000 for a Second DUI Conviction.
    3. Not less than $4,000 for a third or subsequent conviction.
  2. By imprisonment in jail for:
    1. Not more than nine (9) months for a first conviction.
    2. Not more than twelve (12) months for a second conviction.
  3. If a minor was in the vehicle, the ignition interlock device is required for six (6) months for a first violation of this provision or two years for a second violation of this provision.



Driving under the influence of drugs or alcohol is a particularly serious accusation especially when law enforcement alleges that a child was present in the vehicle. Find out more about how this allegation can affect every aspect of the case, including the required enhanced penalties that must be imposed by the court unless you avoid the DUI conviction. Contact an experienced criminal defense attorney at the Sammis Law Firm to discuss your DUI cases in Tampa, Hillsborough County, Florida, involving DUI with a minor child in the vehicle.

Call 813-250-0500 today.

Additional Resources

State Laws for Impaired or Drunk Driving with a Child – Visit the website of the National Conference of State Legislatures to find an article entitled “State Law Chart; Impaired Driving with a Child in the Vehicle.” The list includes the enhanced penalties for drunken drivers carrying a passenger under age 18 in Florida under Section 316.193(4), F.S., including a term of imprisonment of up to 9 months and a fine ranging from $1,000 to $2,000, and a requirement to install the ignition interlock device (IID) for up to 6 months on all vehicles owned, leased, or routinely operated. Those who violate this law a second time face a prison term of up to 12 months and a fine from $2,000 to $4,000 with an ignition interlock device on all vehicles owned, leased, or routinely operated for at least two years.

This article was last updated on Monday, August 19, 2019.