West Virginia DUI with Minor in Vehicle Attorney
West Virginia DUI Child Endangerment Laws
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.
Schedule your free case review with our accountable West Virginia attorneys who specialize in DUIs with a minor in the vehicle by calling (304) 461-6000 or contacting us online today!
What is Considered DUI Child Endangerment?
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 DUI 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 under age 16 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 DUI jail time is the norm, not the exception.
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.
What are the Penalties for DUI Child Endangerment?
The DUI penalties for first offense-child endangerment are:
- Jail time (48 hours up to 12 months)
- Up to $1,000 maximum in fines – minimum is $200
- One-year driver’s license suspension or one year of ignition interlock installment in the driver’s vehicle.
Penalties become more severe with each subsequent offense. If you have been charged with DUI Child Endangerment, contact an expereinced attorney from The Wagner Law Frim today to fight for you.
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 DUI child 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.
If you were arrested for driving with a minor in the vehicle, contact us online or call (304) 461-6000 to request a free consultation.

Case Results
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DUI Felony 3rd Offense (Berkeley Springs, WV) Not Guilty
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DUI Felony Fleeing / Attempted Murder by Vehicle (Romney, WV) Dismissed
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.08 DUI Causing Death case (Clarksburg, WV) Dismissed
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.14 Felony DUI Causing Death Case (Martinsburg, WV) Reduced to Misdemeanor
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DUI 1st (Morgantown, WV) Dismissed
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DUI 1st (Morgantown, WV) Dismissed
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DUI 1st (Martinsburg, WV) Dismissed
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DUI 1st (Morgantown, WV) Dismissed
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DUID 1st (West Virginia) Dismissed
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DUI 1st (St. Mary’s, WV) Dismissed
Why Trust Harley Wagner?
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Over 21 Years of Experience
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More Than 3,000 DUI Cases Handled
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Performed 800 Hours of DUI Defense Training
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Award Winning Representation
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Faculty Member at DUI Defense Lawyers Association
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Author of West Virginia's Preeminent DUI Book: West Virginia DUI Defense: The Law and Practice

Call 304-461-6000 To Get Started