DUI with a Child Passenger in Florida: Felony Charges and Sentencing Risks

July 14, 2025

What You Must Know If You're Accused of Driving Under the Influence with a Minor in the Vehicle

Driving under the influence in Florida is a serious charge on its own. But when there is a child in the vehicle at the time of the alleged offense, the consequences increase significantly. Law enforcement, prosecutors, and judges treat DUI cases involving minors with heightened scrutiny. The moment a minor is present in the vehicle, what could have been a misdemeanor DUI quickly becomes a potential felony with long-term legal and personal consequences.

As a Florida criminal defense attorney, I've seen firsthand how quickly these cases can escalate. If you're accused of DUI while transporting a child under the age of 18, you're not just fighting a DUI charge; you're defending yourself against an enhanced criminal offense that could impact your future, your family, and even your ability to remain employed.

The Law: DUI with a Child Passenger Is an Enhanced Offense

Under Florida Statute § 316.193(4), the state imposes enhanced penalties for anyone convicted of DUI while accompanied by a minor in the vehicle. The law does not require that the child be harmed in any way for the enhancement to apply.

Florida Statute § 316.193(4):

"Any person who is convicted of a violation of subsection (1) and who at the time of the offense was accompanied in the vehicle by a person under the age of 18 years shall… be punished by:

(a) A fine of not less than $1,000 or more than $2,000, and

(b) By imprisonment for not more than 9 months."

The penalties continue to increase with each subsequent offense. If this is a second conviction, the fine increases to between $2,000 and $4,000, and jail time can reach up to 12 months. On a third or subsequent conviction, or if the driver's blood alcohol level was .15 or higher, felony charges may apply.

Felony DUI Charges Under Florida Law

Although having a child in the car during a DUI does not automatically make the charge a felony, the presence of a child often coincides with other aggravating factors, which can push the case into felony territory. For example, if it is your third DUI within 10 years or your fourth ever, the state can file it as a third-degree felony under Florida Statute § 316.193(2)(b)1.

Florida Statute § 316.193(2)(b)1:

"Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction for a violation of this section commits a felony of the third degree…"

Third-degree felonies in Florida carry up to 5 years in prison and a $5,000 fine. These charges carry mandatory minimum jail time, driver's license suspension, and long-term consequences for employment and reputation.

When there is a child involved, the judge is far less likely to consider leniency, especially if the state alleges reckless behavior or endangerment. That is why you need a private defense attorney who can intervene early, before a narrative is set in stone.

Florida Child Abuse Statute May Also Be Used

It is not uncommon for prosecutors to add a child neglect or abuse charge in these cases. Florida Statute § 827.03 defines child neglect broadly and includes placing a minor in a situation that could reasonably be expected to cause physical or mental harm.

Florida Statute § 827.03(1)(e):

"Neglect of a child" means a caregiver's failure to provide a child with the care, supervision, and services necessary to maintain the child's physical and mental health…"

If the state believes your conduct placed the child at risk, they may pursue a separate felony charge of child neglect, which is punishable by up to 5 years in prison. That is in addition to the DUI itself.

Real Case Example: DUI with a Minor Passenger Reduced to Reckless Driving

One of our clients, a single father from Sarasota, was pulled over after allegedly swerving on the road while returning home from a family gathering. His eight-year-old daughter was asleep in the back seat. Officers claimed they smelled alcohol and performed field sobriety exercises on the roadside. His BAC was recorded at 0.12.

The state charged him with DUI with a minor passenger and sought enhanced penalties. His prior DUI from years earlier made the situation even more challenging. We immediately filed discovery demands and challenged the legality of the traffic stop. Our investigation showed the officer's dashcam video did not support the initial claim of swerving. We also retained a toxicologist who contested the reliability of the breath test machine calibration.

Through careful negotiation and presentation of our evidence, we secured a reduction in charges to reckless driving with no jail time. Our client completed a parenting course and alcohol education. His record avoided a felony, and he was able to keep custody of his daughter.

These are the kinds of results that are only possible when you have private legal representation with the time and experience to build a tailored defense.

Common Defenses in DUI with Minor Cases

Not every DUI arrest involving a child leads to a conviction. These cases rely heavily on procedural details, witness accounts, and chemical testing. As your defense attorney, I examine the entire arrest from start to finish.

Illegal Traffic Stop

If law enforcement had no valid reason to initiate the stop, the entire case can fall apart. We file motions to suppress and demand video evidence.

Inaccurate Breath Test or Blood Results

Breathalyzers and blood testing must follow strict protocols. Improper maintenance, chain of custody issues, or operator error can lead to exclusion of evidence.

Rising BAC

It's possible that your blood alcohol content was below the legal limit while driving and rose only after you were stopped. That is a viable scientific defense.

Lack of Actual Impairment

Field sobriety tests are subjective. If the officer misinterpreted your performance or failed to administer them properly, we can use that to challenge probable cause.

No Endangerment

Just because a child was present does not automatically mean they were in danger. We show that the vehicle was operated safely, without excessive speed, swerving, or reckless behavior.

Each case is unique. That's why having a private attorney is essential. We take the time to learn your background, review every detail, and fight to protect your future.

Why You Need a Private Criminal Defense Lawyer

DUI charges involving children draw media attention, social judgment, and often aggressive prosecution. If you rely solely on a public defender, you may find yourself just another file in a busy office with hundreds of other clients. These cases demand time, resources, and deep investigation.

A private attorney can hire toxicology experts, reconstruct the scene, file comprehensive legal motions, and prepare a defense long before trial begins. More importantly, we control the narrative early, before the prosecutor defines you as someone who placed a child in danger.

We understand how to present your side of the story and mitigate damage. Whether that means getting charges reduced, negotiating a diversionary agreement, or taking your case to trial, we are prepared.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

Florida DUI with Child Frequently Asked Questions

What is the age that qualifies a passenger as a child under Florida DUI law?

Florida law enhances DUI penalties if a passenger under the age of 18 is present in the vehicle. Even if the child is a teenager who appeared unharmed, the enhancement still applies under § 316.193(4).

Will I automatically be charged with a felony for having a child in the car during a DUI arrest?

Not always. The presence of a child triggers enhanced penalties, but not necessarily a felony. However, if this is your third DUI within 10 years or your fourth overall, the state may file the case as a felony.

Can I lose custody of my child because of a DUI with a minor in the vehicle?

It's possible. Family courts take these allegations seriously. A conviction may prompt the Department of Children and Families (DCF) to investigate. Having a defense attorney who understands both criminal and family law issues can help you protect your parental rights.

How long can I go to jail for DUI with a minor in the vehicle in Florida?

For a first offense, the maximum jail time is 9 months. That increases to 12 months for a second conviction. If charged as a felony, you could face up to 5 years in prison. Every case is fact-dependent, and we fight to keep our clients out of jail whenever possible.

Does a child have to be injured for me to be charged with child neglect?

No. Florida law allows prosecutors to file child neglect charges if they believe the child was placed in a potentially harmful situation. Even if no injury occurred, they may claim your conduct constituted a failure to provide proper supervision or safety.

Can I fight the breathalyzer result in my DUI case?

Yes. Breathalyzer results can be challenged on several grounds, including improper calibration, machine malfunction, or incorrect administration. We often bring in independent experts to dispute the accuracy of BAC results.

How do prosecutors prove that a child was in danger?

They typically rely on the officer's observations, video footage, and testimony about the conditions during the arrest. If you were driving safely, within the speed limit, and showing no erratic behavior, we can argue that there was no actual risk to the child.

Is probation an option for DUI with a child passenger?

In many cases, yes. Especially for first-time offenders, probation can be negotiated in place of jail time. It may include DUI school, parenting classes, community service, and alcohol monitoring.

Can a DUI conviction with a child in the car be expunged or sealed?

No. Under Florida law, DUI convictions are not eligible for sealing or expungement. That's why fighting the charge at the outset is so important.

Should I talk to the police after a DUI arrest if my child was in the car?

No. You should always speak with an attorney first. Statements made during an emotional or stressful arrest can be misunderstood or misused. Let us speak on your behalf to protect your rights and your defense.