How Are DUIIs Affected By Teens, Firearms And School/Work Zones?

Interviewer: What happens if you have people, under age 15, in the car under and you get charged with DUII? Is there a second charge for that?

Shannon: Yes; recklessly endangering, of course, can be charged. There are also child abuse and neglect crimes you can be charged with. Furthermore, if you have somebody under age 18 with you in the vehicle while driving under the influence of intoxicants, diversion is not available to you. You are also facing heightened penalties and fines. Even for a first time DUII, you could face these charges.

Interviewer: What happens if you have a firearm and you get a DUII? Does that circumstance carry an ancillary charge?

Shannon: It depends if you have a valid license. If you have a concealed weapons permit, the answer is no. There could be an additional misdemeanor charge if you do not have the proper permit.

Interviewer: What happens if you get a DUII charge in a school zone, or work or construction zone? Are there special penalties or ancillary charges?

Shannon: That is a good question. I know traffic fines can be increased. When you deal with a misdemeanor traffic crime, there is no aggravation or enhanced penalties. Misdemeanor crimes already have that maximum.

The only circumstances that enhance your DUII are somebody is injured, and/or you have a minor in the vehicle. In addition, enhanced fines also apply if you have a blood test that shows over 0.15.

It is also enhanced if you have possession of a controlled substance, a thousand feet from a school. That is a felony actually. It is definitely a manslaughter charge. Interestingly, I worked on a manslaughter DUII this past year. I ended up getting it dismissed for speedy trial violations.

Shannon I. Wilson, Esq.

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