Driving while impaired is a criminal offense that is taken very seriously in North Carolina. Critically, the consequences of a conviction can be even more severe if you were arrested for a DWI with a child in the car. Not only is this considered a grossly aggravating factor in your DWI case, but you might also face separate charges for endangerment of a child.

Key Takeaways

Penalties for a DWI with a Child in the Car

Laura’s Law went into effect in North Carolina in 2011, imposing steeper penalties for a DWI conviction when there is a child under the age of 18 in the car. The law, which was named for a 17-year old killed by a drunk driver with three prior convictions, mandates harsher sentences for subsequent DWI offenses. It also automatically makes a DWI with a child in the car a grossly aggravating factor that can result in a Level One punishment. This is the second harshest sentence an individual can face for a DWI.

The criminal penalties for a DWI with a child in the car in North Carolina can include:

• Maximum jail sentence of two years
• Monetary fines up to $4,000
• Mandatory participation in a substance abuse treatment program
• Driver’s license revocation
• Community service
• Potential interlock ignition requirements

Notably, enhanced DWI penalties may also apply if a driver operates their vehicle while impaired with a person in the car who has the mental capacity of a person under 18. In addition, harsher penalties can be imposed for a DWI when there is an individual in the car with a physical disability that would prevent them from exiting the vehicle at the time of the offense.

Aggravated Level One DWI with a Child in the Car

The most serious sentencing level for a DWI in North Carolina is an Aggravated Level One. A conviction at this level requires the presence of three or more grossly aggravating factors. While having a child in the vehicle is a single grossly aggravating factor that mandates a Level One sentence, a driver faces more serious DWI penalties if they had prior convictions and their impairment causes an accident resulting in injury to the child. An Aggravated Level One DWI carries a maximum jail sentence of 36 months, fines up to $10,000, mandatory substance abuse treatment, and continuous monitoring.

Unlike with a Level One, time spent in a rehabilitation program cannot be used to reduce jail time with an Aggravated Level One. Assessment and treatment for substance abuse is mandatory in these cases, and must be completed along with any jail time imposed. Simply put, it is not possible to suspend the minimum jail sentence for an Aggravated Level One DWI.

Child Endangerment Charges

A DWI with a child in the car can also result in separate child endangerment charges. Specifically, under North Carolina law, misdemeanor child abuse occurs when a parent or other individual providing care for a child under 16:

• Inflicts physical injury; or
• Allows physical injury to be inflicted; or
• Creates or allows to be created a substantial risk of personal injury to a child other than by accidental means.

Misdemeanor child abuse is classified as a Class A1 misdemeanor, which can carry a penalty of 150 days in jail, substantial monetary fines, and probation. It can also lead to child protective services involvement and potential loss of custody rights.

Defending Against Charges for a DWI with a Child in the Car

If you’ve been arrested for a DWI with a child in the car, it’s crucial to have a skilled attorney by your side who can fight the charges against you. An attorney can evaluate the circumstances of your case to create a solid defense strategy. Depending on the facts, your attorney may be able to dispute the validity of the initial traffic stop or challenge the chemical test results. If you had a medical condition that mimicked the effects of alcohol or were taking certain medications, your attorney could argue there was an alternative explanation for the alleged impairment.

In addition to exploring all possible defense strategies, a DWI attorney can work to negotiate a plea bargain with the prosecution. They may also seek alternative sentencing options on your behalf, such as participation in a substance abuse treatment program.

Contact an Experienced North Carolina DWI Attorney

If you are facing charges for a DWI with a child in the car, it’s essential to have a diligent criminal defense attorney by your side who can protect your rights. The Johnston County DWI attorneys at Reece & Reece, Attorneys at Law provide trusted representation and adept advocacy to North Carolina drivers for a wide range of DWI matters. Call (919) 300-1249 or contact us online to schedule a consultation and learn how we can help.