QUESTION

What is the potential jail time for DWI reckless endangerment of minor children?

Asked on Aug 19th, 2012 on Criminal Law - Rhode Island
More details to this question:
Minor children under the age 14, speeding.
Report Abuse

16 ANSWERS

DUI & DWI Attorney serving Reno, NV at Weo Office Suites, LLC
Update Your Profile
In Nevada, the law requires a sentencing judge to consider the fact that children under the age of 15 were passengers in a vehicle being driven by a DWI driver as an aggravating factor. The penalty for a misdemeanor DWI is up to 6 months in jail. If children were present in the vehicle, a judge will consider imposing a more severe penalty than an unaggravated DWI.
Answered on Aug 24th, 2012 at 9:52 PM

Report Abuse
Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
Update Your Profile
There are several criminal charges raised by your facts. DUI, endangerment, speeding, etc. You could also face Social Services investigation and Dependency Court proceedings to take custody of your children.
Answered on Aug 24th, 2012 at 9:50 PM

Report Abuse
Criminal Defense Attorney serving McKinleyville, CA at Law Office M. C. Bruce
Update Your Profile
Depends on the circumstances and whether the endangerment was filed as a felony or a misdemeanor. Felony max is 3 years prison. Misdemeanor is 1 year local jail, max. But you should get a lawyer to negotiate a better deal.
Answered on Aug 24th, 2012 at 9:50 PM

Report Abuse
Criminal Law Attorney serving Houston, TX
Partner at Thiessen Law Firm
3 Awards
2-10 years in prison with a $10k fine. Better hire a damn good DWI attorney.
Answered on Aug 24th, 2012 at 9:47 PM

Report Abuse
Criminal Defense Attorney serving Chicago, IL
2 Awards
It depends.
Answered on Aug 24th, 2012 at 9:47 PM

Report Abuse
If the is a dui with children in the car the court is supposed to consider additional jail time. If this is something where children on the street were endangered I would need to know what you were charged with.
Answered on Aug 24th, 2012 at 9:47 PM

Report Abuse
Michael J. Breczinski
Depending on the what the charge actually is this could entail prison.
Answered on Aug 24th, 2012 at 9:46 PM

Report Abuse
Child Custody Attorney serving Malvern, AR at Law Office of Gregory Crain
Update Your Profile
Up to a 1 year in jail.
Answered on Aug 24th, 2012 at 9:45 PM

Report Abuse
Criminal Law Attorney serving Boulder, CO
3 Awards
Often, on a first offense, there is no jail time, but it can be up to a year. If the bac was very high, there was an accident, or prior DUI offenses, then jail becomes an issue.
Answered on Aug 24th, 2012 at 9:41 PM

Report Abuse
A year in county.
Answered on Aug 24th, 2012 at 9:41 PM

Report Abuse
Transportation Attorney serving Mamaroneck, NY at Palumbo & Associates, PC
Update Your Profile
Over 1 year.
Answered on Aug 24th, 2012 at 9:40 PM

Report Abuse
Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
Update Your Profile
I think it's max 4 years.
Answered on Aug 24th, 2012 at 9:40 PM

Report Abuse
Criminal Defense Attorney serving Salt Lake City, UT at Pietryga Law Office
Update Your Profile
Here is a list of everything I can think of. Of course, this is all the things that can happen, not, that will happen. Hope this helps. The Utah Driver License Division and the Utah Courts will impose sanctions on a person for being arrested and/or convicted of driving under the influence. The Utah Driver License Division may impose sanctions based on the person's arrest. Additionally, the Utah Driver License Division will impose sanctions upon conviction. If convicted, Utah Courts will order mandatory sanctions. Additionally, there are a number of sanctions the Utah Courts may order. Listed below, are the *DUI/1st Offense/Aggravating factors *sanctions the Utah Driver License Division and Utah Courts may/will impose. *Crime:* Class A misdemeanor driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration. *(See, Utah Code Ann. 41-6a-502 and Utah Code Ann. **?** 41-6a-503(1)(b))* * * *Imprisonment: *Utah Courts may impose a jail sentence for up 1 year, but not less than, 48 consecutive hours. However, as an alternative to jail, the Utah Courts may order compensatory work service for not less than 48 hours; or require participation in home confinement through the use of*electronic monitoring *[1] . *(See, Utah Code Ann. **?**41-6a-505(1)(a)(i)(A), Utah Code Ann. **?**41-6a-505(1)(a)(i)(B), Utah Code Ann. **?41-6a-505(1)(a)(i)(C) and Utah Code Ann. ?76-3-204(1))* * * *Fine: *Utah Courts may order a fine of up to $2,500.00, but not less than $700.00. *(See, **Utah Code Ann. ?**41-6a-505(1)(a)(v) and Utah Code Ann. ** ?76-3-301(1)(c)**) * * * *Probation: *Utah Courts may order *supervised probation* [2] . *(See, Utah Code Ann. **?**41-6a-505(1)(b)(ii))* * * * * *DNA Specimen Analysis: *The Utah Courts must order the convicted person to provide a *DNA specimen[3] *. *(Utah Code Ann. **?**53-10-403(1)(a) and Utah Code Ann. **?**53-10-403(2)(a))* * * *Treatment: *Utah Courts must order participation in a *screening*[4]. And, an *assessment* [5] if found to be appropriate by the screening. The Utah Courts may order *substance abuse treatment* [6]if the *substance abuse treatment program* [7] determines that substance abuse treatment is appropriate. *(See, Utah Code Ann. **?**41-6a-505(1)(a)(ii), Utah Code Ann. **?**41-6a-505(1)(a)(iii), and Utah Code Ann. **?** 41-6a-505(1)(b)(i))* *Education: *Utah Courts must order participation in an *educational series * [8] if the Court does not order substance abuse treatment. *(See, Utah Code Ann. **?**41-6a-505(1)(a)(iv))* * * *Driver License Suspension: *The Utah Driver License Division and/or the Utah Courts will revoke the person?s license or permit to operate a motor vehicle *Utah Driver License Division*: If no request for a hearing is made to the Utah Driver License Division, the Utah Driver License Division will suspend the person?s license or permit to operate a motor vehicle in Utah for 120 days beginning on the 30th day after the date of arrest. *(See, Utah Code Ann. **?**41-6a-509(1)(a)(i)(A) and Utah Code Ann. **?** 53-3-223(7)(a)(i)(A))* * *If, after a hearing, the Utah Driver License Division determines that the police officer had reasonable grounds to believe that the person was driving a motor vehicle in violation of Utah Code Ann. 41-6a-502, the Utah Driver License Division will suspend the person?s license or permit to operate a motor vehicle in Utah for 120 days beginning on the 30th day after the date of arrest. *(See, Utah Code Ann. **?**41-6a-509(1)(a)(i)(A) and Utah Code Ann. **?**53-3-233(7)(a)(i)(A)* If the person fails to appear, on the date of the hearing, at the Utah Driver License Division, the Utah Driver License Division will revoke the person?s license or permit to operate a motor vehicle in Utah for 120 days beginning of the 30th day after the date of arrest. *(See, Utah Code Ann. **?**41-6a-509(1)(a)(i)(A)
Answered on Aug 24th, 2012 at 9:39 PM

Report Abuse
Drug Charges Attorney serving Houston, TX at Cynthia Henley
Update Your Profile
Driving while intoxicated with a child under the age of 15 is a state jail felony carrying from 6 months to 2 years in prison as the potential punishment.
Answered on Aug 24th, 2012 at 9:38 PM

Report Abuse
Leonard A. Kaanta
License suspension, $200-1000 fine, 5 days to 1 year in jail
Answered on Aug 24th, 2012 at 9:38 PM

Report Abuse
Tax Attorney serving North Smithfield, RI at The Law Offices of Mark L. Smith
Update Your Profile
No jail time.
Answered on Aug 24th, 2012 at 9:37 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters