If you have been arrested and charged with a DUI while driving with a child passenger in Virginia, you will be facing serious consequences. Virginia’s DUI laws are already some of the toughest in the nation, and endangering a child will increase penalties substantially. If there is a child under 18 in the car, you face mandatory jail time and increased fines, as well as restrictions on your license and possible felony child abuse or child endangerment charges. Plus, a conviction brings a permanent criminal record that may forever affect your education, job, housing possibilities, and your family and social relationships, especially if you are involved with divorce or child custody issues.
This is not something you should attempt to deal with on your own. Having a skilled DUI defense attorney handle your case can make all the difference and result in a lesser penalty or a dismissal of charges.
Why Choose Our DUI Defense Attorney
DUI charges involving child passengers are complicated, so you should look for an attorney with the experience, knowledge and resources to get the best results possible. Here are some reasons to choose Cody Villalon to represent you:
- Cody is experienced and professional. Cody has more than 12 years of legal experience, and has defended more than 1,000 cases and spent more than 5,000 hours in court. He has a solid knowledge of criminal and constitutional law; he is well-respected by prosecutors and judges and he has won awards for Best DUI Lawyer and Best Criminal Defense Lawyer in Richmond.
- Cody has the skills you need. He knows the tactics law enforcement and prosecutors use to get a conviction, and he knows how to combat them. He is a skilled negotiator who can plea bargain for lesser charges, but he is also confident in the courtroom and aggressive should your case go to trial.
- You get personal attention. A sole practitioner by choice, Cody takes a personal interest in each case, and he gets results, as evidenced by testimonials from many satisfied clients.
- Cody provides honest, straightforward advice. He will be there for you 24/7, promptly return calls and emails, and patiently explain how the law affects your case and what your options are.
An addition, Cody provides reasonable flat-rate prices, based on the complexity of your case and the work involved.
How Our DUI Defense Lawyer Works for You
Since a DUI with a child passenger also brings charges of child endangerment or abuse, the increased sigma and penalties that result from a conviction can destroy your life, reputation, and family. Cody Villalon knows how important your defense is to you, and will get to work building it immediately. He will:
- Listen to your version of what happened and examine the evidence available to find the best way to defend you, including looking for situations where your rights were violated or mistakes made by the police or prosecution in the handling of your case
- Examine police reports and lab reports to see if they were done properly
- Find out if there were extenuating circumstances such as a bad stop or a medical condition that made you seem impaired
- Coach you to avoid having you say or do anything that would hurt your case and prepare you for all hearings and court appearances
- Negotiate and plea bargain with prosecutors for a lesser charge
- Take your case to trial and handle all aspects of your defense if necessary.
What are the Laws Involving DUIs With Child Passengers in Virginia?
Virginia’s DUI laws (Virginia Code § 18.2-266) state that it is unlawful to drive if your ability to drive or operate any motor vehicle, engine or train safely is impaired because:
- you have a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test, or
- you are under the influence of any narcotic drug or any other self-administered intoxicant or drug, including legal drugs, prescription drugs, and over-the-counter medicines.
In addition, if a child under age 18 is involved, you may be charged with DUI child endangerment, which is generally viewed as putting a child under the age of 18 at risk for injury or death due a willful act, omission, or refusal to provide necessary care. A charge of child endangerment enhances the penalties for a DUI.
In some cases, you can also be charged with Child Abuse and Neglect, which can be an additional Class 6 Felony.
What are the Penalties for DUIs with Child Passengers?
Anyone convicted of DUI and child endangerment will have multiple criminal convictions on their criminal record for the same incident. Under Virginia Code § 18.2-270, a conviction of DUI child endangerment in the state is punishable by a fine of $500 to $1,000 and a mandatory minimum of five days in jail. For a repeat offense, you will also have to perform 80 hours of community service which focuses on benefiting children.
This is in addition to penalties for a standard DUI conviction. According to Virginia law (VA code § 18.2-270), DUI penalties include:
- First offense – A mandatory minimum punishment of a $250 fine and court costs, a 12-month license suspension, and a requirement to complete the Virginia Alcohol Safety Action Program. There may be a sentence of jail for an additional mandatory minimum period of five to 10 days.
- Second offense – A second offense committed within less than five years brings a mandatory minimum fine of $500 and 20 days’ mandatory minimum jail sentence. A second DUI within 5-10 years brings a 3-year license suspension.
- Third offense – A third offense committed within a 10-year period is a Class 6 felony and includes a mandatory minimum jail sentence of 90 days, a mandatory minimum fine of $1,000 and indefinite license suspension and vehicle forfeiture.
A conviction for child abuse and neglect, brings a fine of up to $2,500 and up to five years in prison on top of your DUI. If the child passenger suffers serious injuries, you could be charged with a Class 4 Felony, which carries two to 10 years in prison and fines of up to $100,000.
Penalties for a drug DUI vary according to the circumstances of the case, but are generally the same as those for alcohol DUIs.
How Our Child Passenger DUI Lawyer Fights to Defend You
While the situation is grave when faced with a child passenger DUI, all is not lost. Depending on your individual situation, there are several strategies to build your defense, including:
- Challenging the traffic stop and police procedures: Law enforcement must have a valid reason to stop your vehicle. If there was a lack of reasonable suspicion to pull you over or proper protocols were not followed during the arrest, testing, and evidence handling, evidence gathered may be suppressed.
- Showing violations of rights: If there were illegal searches or seizures or other violations of rights, including the right to remain silent and not answer questions by police unless an attorney is present, evidence gotten illegally can be thrown out.
- Disputing field sobriety tests: The officer may not have administered or interpreted the test correctly, or you might have seemed impaired due to a medical condition or because you were affected by being tired or nervous.
- Questioning chemical test accuracy: Breath or blood tests can be challenged based on potential issues with calibration, administration, or false-positives or problems with the chain of custody in the handling.
- Showing lack of impairment: Producing evidence that you were not actually impaired, even if prescription medications were present, and the medication was legally prescribed and taken as directed.
- Contesting child endangerment allegations: Demonstrating you took care and did not exhibit reckless disregard for the child’s safety.
Cody Villalon will utilize all available strategies to challenge the prosecution’s case and work toward reduced charges, acquittal, or case dismissal.
Get Legal Help for a Child Passenger DUI
If you have been charged with a child passenger DUI in Virginia, you need the best defense you can get. Attorney Cody Villalon knows how devastating it is to be facing child abuse, DUI or drug charges, and he will be there for you throughout the entire legal process, addressing your questions and concerns, and aggressively fighting to have your charges lowered or dismissed. In addition, he will work to help mitigate potential impacts of a conviction, such as the impact on divorce, child custody, adoption proceedings, or professional licenses.
Call us today for a free consultation.
DEFENSE ATTORNEY CODY VILLALON
Cody Villalon is a criminal defense attorney in Richmond, VA representing clients accused of violent offenses and DUIs, and he specializes in serious criminal charges. He possesses more than 10 years of legal experience, has defended more than 1,000 cases, and has spent more than 5,000 hours in court. He is highly professional and well-respected by prosecutors and judges. [ Attorney Bio ]
