Gillette DUI with Child Endangerment Defense Attorney
DUI, or driving under the influence is the criminal offense of driving after consuming more than the legally allowed amount of alcohol. Driving under the influence with a child in the car in Gillette is an even more serious offense that can lead to charges of child endangerment.
The law on drunk driving with a child in the car can be found in the Wyoming Statutes at § 31-5-233m. Under this statute, any person 18 years of age or older who has child passenger in the vehicle during a DUI violation will be punished as follows:
- For a first conviction: Imprisonment for not more than one year, a fine of not more than $750, or both.
- For a second conviction: Imprisonment for not more than five years.
In addition to DUI charges, you could be charged with child endangerment for impaired driving with a passenger who is under the age of 16. Wyoming law states at § 6-4-403 (a) (ii) that no parent, guardian, or custodian of a child shall knowingly or with criminal negligence cause, permit, or contribute to the endangerment of the child’s life or health by violating a duty of care, protection, or support. Violation of this law is a misdemeanor, punishable by up to one year in jail, a fine of up to $1,000, or both. A second violation is a felony that carries up to five years in prison, a fine of up to $5,000, or both.
In addition to criminal penalties, a DUI with child endangerment conviction could mean loss of your driving privileges. You may be required to have an ignition interlock device on your vehicle, and you may be ordered to participate in a sobriety program. If you are a parent, you may have to deal with child protective services. A conviction on your record could have a significant impact on your future employment, education, and housing opportunities, and even affect your personal relationships.
Our Gillette DUI defense attorneys know how to develop defense strategies that can help you move forward with your life after DUI arrest or charges. Defenses we can raise on your behalf will depend on the circumstances of your case. Common DUI defenses include:
- Challenging the legality of the traffic stop: The burden of proof is on the prosecution to justify a detention and arrest. Wyoming law provides even greater protection against unreasonable search and seizure than the Fourth Amendment of the U.S. Constitution.
- Challenging the validity of field sobriety tests
- Challenging the reliability of a breathalyzer or blood test: A person is innocent until proven guilty in a DUI case. Many different medical reasons can cause a high breath alcohol concentration measurement. Although blood testing is more accurate, every step of the process must be validated to arrive at an accurate and reliable measurement.
- Plea bargaining for lesser charges
DUI with a child in the car is a serious charge in Wyoming. It carries penalties that are even more severe than for DUI alone. It is important to hire an experienced Campbell County DUI attorney to help you navigate the legal system and build a strong defense.
Our Gillette trial attorneys at Steven Titus & Associates, P.C. prepare every case to the fullest extent and fight for the best possible outcome. Contact us at (307) 257-7800.
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