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DUI with Minor in Vehicle in West Virginia

Skilled DUI Attorney Handling Child Endangerment Charges

Putting a defenseless child at risk of serious injury or death by driving drunk with them in the car puts you at risk of serious life-changing penalties. Any driver accused of driving intoxicated with a child or children in the car faces a significant challenge – it is in your best interest to retain a knowledgeable and capable DUI defense attorney. Consult with Harley Wagner to see how he can fight to protect your rights and interests.

Get your free case evaluation by calling (304) 461-6000 today.

West Virginia Child Endangerment Laws

Child endangerment laws in motor vehicle crimes are harsh criminal statutes that punish a driver who exposes his or her child passengers to risk of serious injury or death by drunk or drugged driving. If you were arrested in West Virginia for DUI with a minor in your car, you were probably charged with an additional criminal charge of DUI child endangerment, also known as drunk driving with child in car. This type of child endangerment legislation exists in over 40 states.

Most states’ child endangerment laws set the age of the child at “under age 14,” but the West Virginia legislature has a different statute. Any DUI in West Virginia with minor children age 15 and under qualifies for sentence enhancement.

Will I Go to Jail for DUI Child Endangerment?

Courts handling Child Endangerment DUI in West Virginia can be especially harsh on anyone who drives under the influence of alcohol or drugs with their children or with someone else’s children in the car. Child endangerment jail time is the norm, not the exception. Some can face state prison time if convicted.

Jurors are also quick to convict in these situations since most will openly tell the DUI defense lawyers (during voir dire) that he or she could not imagine risking their child’s safety by driving drunk.

Under the provisions of WV Code Section 17C-5-2(k), the DUI penalties for first offense-child endangerment are:

  • Jail time (48 hours up to 12 months)
  • Up to $1,000 maximum in court fines – minimum is $200
  • 12-month driver’s license suspension (reduced to 2 months with a 10-month ignition interlock device)
  • Mandatory enrollment in the West Virginia Safety and Treatment Program

Drunk Driving with Endangerment Requires a Skilled Attorney

Do not face a DUI child endangerment charge in court alone. Just like any driving under the influence charge mandates hiring a capable lawyer, having an endangerment charge only further reinforces that necessity.

The Wagner Law Firm serves Berkeley, Jefferson, and Monongalia counties, and even offers state-wide representation. You deserve a capable lawyer – you deserve Attorney Harley Wagner.

Contact him online or call (304) 461-6000 to request a free consultation.

Case Results

With decades of legal experience and over 800 hours of DUI defense training, Harley Wagner knows how to fight DUI charges effectively. Read The Wagner Law Firm's recent case results to learn more about Harley's past successes.
  • Dismissed .08 DUI Causing Death case (Clarksburg, WV)
  • Reduced to Misdemeanor .14 Felony DUI Causing Death Case (Martinsburg, WV)
  • Charge Reduced Aggravated DUI 1st (Morgantown, WV)
  • Dismissed DUI 1st (Martinsburg, WV)
  • Dismissed DUI 1st (Morgantown, WV)
  • Dismissed DUI 1st (Morgantown, WV)
  • Dismissed DUI 1st (Morgantown, WV)
  • Dismissed DUI 1st (St. Mary’s, WV)
  • Dismissed DUI 1st (West Virginia)
  • Not Guilty DUI 1st. (Martinsburg, WV)

Why Trust Harley Wagner?

  • Over 20 Years of Experience
  • More Than 2,500 DUI Cases Handled
  • Performed 800 Hours of DUI Defense Training
  • Award Winning Representation
  • Faculty Member at DUI Defense Lawyers Association
  • Author of West Virginia's Preeminent DUI Book: West Virginia DUI Defense: The Law and Practice
Looking Forward to Helping You

Call 304-461-6000 To Get Started