QUESTION

Does the minor raise the effect on how much the DUI is going to cost?

Asked on Aug 26th, 2012 on DUI/DWI - Michigan
More details to this question:
I got a DUI on a suspended license with a minor in the car and the police report said the minor could have passably been intoxicated. Does the minor raise the effect on how much the DUI is going to cost? This is my first DUI offence. No additional charges like an accident has occurred.
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21 ANSWERS

Child Custody Attorney serving Malvern, AR at Law Office of Gregory Crain
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Yes.
Answered on May 22nd, 2013 at 5:46 AM

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Yes the judge can give a higher fine or more jail time.
Answered on Sep 05th, 2012 at 8:26 PM

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A DUI with a minor in the caris bad. It's more jail time and more fines. You can also be charged with child endangerment. You need an attorney.
Answered on Sep 04th, 2012 at 12:13 PM

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Administrative/ Regulatory Attorney serving Airway Heights, WA at Clinton Law Office
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Not where the DUI is concerned but there may be additional charges that relate to the minor in the car.
Answered on Sep 03rd, 2012 at 11:25 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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Probably not.
Answered on Aug 31st, 2012 at 9:32 PM

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Child Custody Attorney serving Grand Rapids, MI at Ryan Maesen PLC
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If they charge you with child endangerment, that is a separate charge that is a more serious misdemeanor than OWI first.
Answered on Aug 31st, 2012 at 3:10 PM

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Immigration Attorney serving Salt Lake City, UT
Partner at Natty Shafer Law
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Yes, it might. Having a minor in the car is an enhancement to the DUI. That means you could potentially be charge with, and convicted of a felony, which carries a stiffer fine than if you were charged with a misdemeanor.
Answered on Aug 31st, 2012 at 2:46 PM

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Steven D. Dunnings
You might be charged with reckless endangerment, hire an attorney, fast.
Answered on Aug 30th, 2012 at 10:33 PM

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Appellate Practice Attorney serving Bloomfield Hills, MI at Law Office of William L. Spern
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In MI, the only issue is how much you were intoxicated at the time of your arrest. If .17 or more, you can be charged with the new "super-drunk" law that imposes higher fines and license restrictions/revocations.
Answered on Aug 30th, 2012 at 12:25 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Yes. You likely face multiple criminal charges, which each carry potential jail time, not just fines. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV upon your arrest. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does. When questioned, threatened, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answered on Aug 30th, 2012 at 12:19 PM

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Criminal Defense Attorney serving Salt Lake City, UT at Pietryga Law Office
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Having a minor in the car is considered an aggravating factor. Below, is an exhausted summary of all the potential things that I could think of. As you can see, the aggravating factor makes the charge a class A misdemeanor as opposed to a class B misdemeanor. Hope this helps. *DUI/1st Offense **u** Aggravating Factors[1] * 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 *[2] . *(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* [3] . *(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[4] *. *(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*[5]. And, an *assessment* [6] if found to be appropriate by the screening. The Utah Courts may order *substance abuse treatment* [7]if the *substance abuse treatment program* [8] 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 * [9] 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 rev
Answered on Aug 30th, 2012 at 12:16 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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It would need to know more of the facts. There are certainly additional issues.
Answered on Aug 30th, 2012 at 12:14 PM

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Transportation Attorney serving Mamaroneck, NY at Palumbo & Associates, PC
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It's a felony charge so yes your legal fee will be more.
Answered on Aug 30th, 2012 at 9:42 AM

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The minor in your car has nothing to do with how much a DUI will cost you. You could, however, be charged with child endangerment on top of the DUI and suspended license charge. You better contact a DUI specialist soon, because you are about to go on a long ride!
Answered on Aug 30th, 2012 at 9:40 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Definitely. In addition to the DUI, the D.A. can file other charges against you such as child endangerment, child abuse, contributing to the delinquency of a minor, etc. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Aug 30th, 2012 at 9:38 AM

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Michael J. Breczinski
Yes driving drunk with a minor can aggravate and raise the fines etc.
Answered on Aug 30th, 2012 at 9:37 AM

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Criminal Law Attorney serving Boulder, CO
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I do not change my price for that But if charged with felony contributing to the delinquency of a minor, it will be more to defend.
Answered on Aug 30th, 2012 at 8:40 AM

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General Liability Attorney serving Harrisburg, PA at Abom & Kutulakis, L.L.P.
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Yes there are likely mandatory sentencing minimums the court will required to be imposed.
Answered on Aug 30th, 2012 at 8:37 AM

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Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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How old is the minor? Potential enhancements to the DUI charge, and potential child endangerment if the minor is young All of that with the suspended license....you need a lawyer.
Answered on Aug 30th, 2012 at 8:37 AM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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No, but it could increase your chances of going to jail on the offense.
Answered on Aug 30th, 2012 at 8:35 AM

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Criminal Defense Attorney serving Castle Rock, CO
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Does not raise the cost, but it might increase the likelihood of a short jail sentence being imposed by the Judge. Consult with an experienced DUI defense attorney.
Answered on Aug 30th, 2012 at 8:35 AM

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