DUI with Child Abuse? The added consequences when a child is a passenger

As a leading Denver DUI attorney, Mile High Legal wants to shed light on a critical legal issue that many parents may not fully understand: the severe consequences of driving under the influence with a child in the vehicle. What many don't realize is that beyond a standard DUI charge, you could face additional child abuse charges that can dramatically alter your legal and personal future.

Understanding the Legal Landscape

In Colorado, driving under the influence (DUI) or driving while ability impaired (DWAI) with a child under 16 in the car triggers not just traffic-related penalties, but also serious child abuse charges. This isn't just about causing physical harm — it's about putting a child in a potentially dangerous situation.

Legal Definition of Child Abuse

Under Colorado Revised Statute (CRS) 18-6-401, child abuse can be established by proving:

  • You caused a threat to a child's life or health, or

  • You permitted a child to be unreasonably placed in a situation that posed a potential threat of injury

See our guide on child abuse charges here: https://www.milehighlegal.com/child-abuse

Potential Penalties: More Than Just a DUI

When you're charged with a DUI involving a child, you're looking at two distinct sets of potential consequences:

DUI Penalties

  • Standard DUI charges and potential license suspension

  • Mandatory court appearances

  • Potential jail time

  • Fines and court costs

Child Abuse Penalties

  • Misdemeanor charges if no injury occurs

  • Up to 364 days in jail

  • Fines up to $1,000

  • Potential felony charges if child is injured or endangered

Additional Collateral Consequences

As a Denver DUI attorney, we want to emphasize the broader impacts:

  • Mandatory parenting classes

  • Potential drug and alcohol testing

  • Possible loss of custody or visitation rights

  • Required disclosure on employment applications

  • Potential loss of firearm ownership rights

The DHS Investigation

A child abuse charge triggers an automatic investigation by the Colorado Department of Human Services (DHS). Even if you're not convicted, your name may be entered into the TRAILS (Tracking Reports And Information Listing System) child abuse registry.

Victim's Rights Act Implications

These charges often become a Victim's Rights Act (VRA) case, meaning:

  • The child's other parent will be consulted about case proceedings

  • Additional legal notifications and consultations are required

  • The case receives heightened scrutiny

Potential Defenses

Our experienced Denver DUI attorneys may challenge:

  • Improper BAC testing

  • Lack of probable cause for arrest

  • Incorrect administration of chemical tests

  • Questioning the level of impairment

  • Negotiating plea bargains to reduce charges

Why Legal Representation Matters

Child abuse charges stemming from a DUI are complex and can have long-lasting consequences. A skilled Denver DUI attorney can:

  • Protect your legal rights

  • Minimize potential penalties

  • Navigate the intricate legal system

  • Potentially reduce charges or seek alternative sentencing

Conclusion

Driving under the influence with a child in the car is never acceptable. The legal and personal consequences extend far beyond a simple traffic violation. If you find yourself facing these serious charges, contact Mile High Legal immediately to protect your rights and future.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Each case is unique, and you should consult with a qualified Denver DUI attorney for personalized legal guidance.

Contact Mile High Legal today for a confidential consultation and expert legal representation in DUI and child abuse cases.