A DUI arrest is serious under any circumstances. However, if you are charged with driving under the influence while your child is in the vehicle, the legal consequences in Oklahoma can increase significantly. Having a minor passenger often transforms what might otherwise be a standard DUI case into a situation involving enhanced penalties and possible additional charges.
Standard DUI Charges in Oklahoma
In Oklahoma, a person may be charged with DUI if they operate a motor vehicle while impaired by alcohol, drugs, or a combination of substances. A blood alcohol concentration (BAC) of 0.08% or higher typically triggers a DUI charge, but impairment can also be established through officer observations and field sobriety testing.
Even a first-time DUI can carry jail exposure, fines, license suspension, mandatory assessments, and ignition interlock requirements.
When a child is present, the situation becomes more complex.
Child Endangerment Enhancements
If a minor is in the vehicle at the time of the DUI arrest, prosecutors may pursue additional penalties under Oklahoma’s child endangerment laws.
Driving under the influence with a child passenger may be charged as child endangerment, which is typically a felony offense. The law focuses on whether the child was placed at risk due to the driver’s impairment.
A felony child endangerment conviction carries the possibility of substantial prison time and significant fines.
Multiple Charges From a Single Stop
It is common for a DUI with a child passenger to result in more than one charge. A driver may face:
- DUI (misdemeanor or felony, depending on prior history)
- Child endangerment
- Possible neglect-related allegations
Each charge carries its own penalties, and exposure can increase quickly.
Impact on Custody and Family Law Matters
Beyond criminal penalties, a DUI involving a child can affect custody arrangements. Family courts in Oklahoma prioritize the best interests of the child, and a DUI arrest may be raised in custody or visitation disputes.
A conviction—particularly one involving child endangerment—can influence parenting time, supervision requirements, or future court proceedings.
Even if there is no conviction, an arrest alone can trigger temporary protective measures.
License Consequences
In addition to criminal charges, Oklahoma’s administrative license revocation process may suspend your driving privileges. If a child was present, the court may be less inclined to grant leniency in sentencing or driving modifications.
Ignition interlock requirements are also more likely.
Aggravating Factors
The severity of the case often depends on additional facts, such as:
- The child’s age
- The level of intoxication
- Whether an accident occurred
- Whether anyone was injured
- Prior DUI history
Higher BAC levels and prior convictions can increase sentencing exposure dramatically.
Defense Considerations
As with any DUI case, the prosecution must prove impairment beyond a reasonable doubt. Legal defenses may involve challenging the traffic stop, the accuracy of breath or blood testing, field sobriety procedures, or whether the facts truly support a child endangerment enhancement.
Because the presence of a child significantly raises the stakes, early and careful legal analysis is critical.
Tulsa DUI Defense Attorneys
Getting a DUI with your child in the car in Oklahoma can lead to enhanced penalties, including potential felony child endangerment charges, increased jail exposure, license suspension, and possible consequences in family court. A skilled defense attorney can help youunderstand the charges, your legal options, and fight for you. Call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online for a consultation with an attorney.