Charges in Maryland for DUI With a Child in the Vehicle

 Posted on May 23, 2025 in DUI

DUI charges are always serious, even for a first DUI with no extenuating circumstances. Some factors can add enhancements to DUI penalties, and one of these is being charged with DUI with a child in the vehicle. Enhanced penalties can result in severe penalties that can have long-term consequences, including even the possibility of losing custody of your children.

Speaking to a highly skilled Silver Spring, MD DUI attorney can be exceptionally beneficial after being charged with DUI while transporting a child.  Your attorney will work hard to protect your rights and future, minimizing the long-term effects of your DUI charges.

DUI Laws in Maryland

There are two types of drinking and driving offenses in the state of Maryland. The first and most severe offense is DUI or driving under the influence. A person with a blood alcohol concentration (BAC) of 0.08 percent or higher is assumed to be impaired or "under the influence per se."

Driving while impaired (DWI) laws state that a person with a BAC of 0.07 percent or higher is assumed to be impaired by alcohol. It is also a crime to drive while impaired by drugs, even if those drugs are legally prescribed. A person under the age of 21 who is found with any level of alcohol in his or her system will be charged with DWI or DUI. Most impaired driving offenses in the state are charged as DUIs.  

Enhanced Penalties for DUI

Like many states, Maryland has enhanced penalties for excessively high BAC readings, second and subsequent DUI convictions, and driving under the influence with a child in the vehicle. So, while a first-time DUI conviction in the state can result in up to one year in jail and a $1,000 fine, those penalties are effectively doubled if there was a child in the car at the time of the arrest.

A person convicted of a first-time DUI with a child in the vehicle will face a fine as large as $2,000 and up to two years in prison, along with completion of a mandatory alcohol education program and community service.  A second DUI offense with a child in the vehicle can result in a fine as large as $3,000, up to three years in prison, participation in an alcohol treatment program, and community service.  

Child Endangerment Laws in Maryland

Not only could a driver face charges of DUI with a child in the vehicle, but he or she could also be criminally charged with child endangerment. While there is no specific child endangerment statute, situations that create a substantial risk of harm to a child’s physical or mental health are charged under neglect or abuse of a minor. Neglect of a minor is a misdemeanor that carries a maximum penalty of up to five years in jail and a $5,000 fine or a minimum sentence of one year in jail.

Defenses to DUI with a Child in the Vehicle

While an attorney cannot argue that the child was not in the vehicle at the time of the DUI arrest, other defenses can potentially result in the DUI charges being dropped or lowered to a less serious crime. Perhaps the initial traffic stop was not based on reasonable suspicion, the BAC test was not accurate, or the driver was not allowed a lawyer or was not properly Mirandized.

Contact a Montgomery County, MD DUI Lawyer

Facing DUI is bad enough, but facing enhanced DUI charges is even more serious. Aside from potential jail time and fines, a conviction for DUI with a child in the vehicle can result in loss of employment and issues with child custody for divorced parents or those in the middle of a divorce.

A Silver Spring, MD DUI attorney from The Law Offices of Gerstenfield & Demirji, PC. can answer your questions while building a strong defense on your behalf. Our attorneys show warmth and compassion to our clients while aggressively fighting their charges. We are available 24/7 and are fluent in Arabic and Spanish. Call 301-589-9500 to schedule your free consultation.