Driving under the influence is a serious offense in Mississippi, but the consequences increase significantly when a minor is in the vehicle. In Mississippi, DUI laws not only focus on the safety of the driver but also emphasize the protection of passengers.
In the context of DUI laws, a minor passenger is anyone under the age of 16. If you have someone of this age group in your vehicle during a DUI arrest, you need to know what to expect from the legal process.
Facing penalties for a DUI charge with a minor in the car
When there is an arrest for DUI with a minor in the car, the accused driver faces enhanced penalties. Mississippi DUI law describes this situation as child endangerment, which can be a separate offense from the DUI itself. This means that in addition to standard DUI penalties, the driver could face further legal consequences for putting the minor’s safety at risk.
For a first-time DUI offense with a minor in the vehicle, Mississippi law imposes fines of up to $1,000 and possible jail time of up to 12 months. This is significantly more severe than the penalties for a standard first-time DUI offense. Subsequent offenses lead to even stricter penalties, including longer jail sentences, higher fines and extended license suspensions.
Understanding other consequences of a DUI with a minor in the car
Aside from legal consequences, a person convicted of DUI with a minor in the vehicle may face additional challenges. For example, Mississippi’s Department of Human Services may get involved to investigate the well-being of the child. The conviction could also affect child custody matters if the driver is a parent or guardian.
It is important to note that the penalties apply even if the driver’s blood alcohol concentration is just above the legal limit of 0.08%. The presence of a minor in the car escalates the offense, regardless of the level of impairment. Overall, an arrest for a DUI with a minor in the car carries severe consequences that go beyond the standard DUI penalties, focusing on protecting children above all else.
