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DUI with a Child Passenger

Pursuant to Section 316.193(4), Florida Statutes, any person convicted of DUI “who at the time of the offense was accompanied in the vehicle by a person under the age of 18 years” is subject to enhanced penalties including a higher fine, a higher statutory maximum jail term, and must install an ignition interlock device for six (6) months.

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.

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.

Attorney for DUI with a Child Passenger in Florida

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.

Contact us to 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.


Enhanced 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.

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.

Laws Prohibiting Child Endangerment Drunk Driving – Visit the website for the Mothers Against Drunk Driving to find the laws prohibiting DUI child endangerment in 47 states across the United States. The article explains why every child deserves a sober driver and the dangers of drunk driving for children.


This article was last updated on Thursday, February 18, 2021.