New Jersey DWI With Kids In The Car: Understand The Consequences

 A DWI in New Jersey is bad enough, but what happens if you were driving with kids in your car? Suddenly, this situation becomes much more serious according to New Jersey law – and it makes sense to understand the potential consequences. That being said, fighting these charges is still possible – and you can get help from an experienced DWI defense lawyer in Bergen County.

Child Endangerment and DWI in New Jersey

If you commit a DWI with children in your vehicle, you will likely face additional consequences for child endangerment. In New Jersey, this falls under Section 39:4-50.15: “Additional penalty for driving under the influence with a minor as a passenger.”

The definition of a minor in this context is anyone under the age of 17. If you were driving with your own children in the car at the time of your DWI offense, you may face a disorderly persons offense. This is equivalent to a misdemeanor, and you could face up to six months in jail as a result.

However, prosecutors may also decide to charge you with “endangering the welfare of a child.” This is a second-degree felony in New Jersey, with a maximum 10-year prison sentence. This charge is generally reserved for particularly heinous situations in which children face serious danger.

Note that you must be convicted of a DWI before you can be convicted of these offenses. In other words, there is a strong incentive to show that you were not intoxicated. You should also know that a DWI is a separate offense, and you may face numerous separate charges for driving drunk with children in your vehicle. You might also face a separate child endangerment count for each child in your vehicle.

An Extreme Case of Child Endangerment DWI in New Jersey

In June of 2024, it was reported that a former school bus driver in New Jersey had been sentenced to 14 years in prison. She had operated her school bus while intoxicated with 27 children on board. Incredibly, she recorded a BAC level of 0.34 when she was pulled over by the police. This is eight times higher than the legal limit for commercial drivers. Initially, police noticed that she had no children on board. However, a subsequent investigation determined that she had probably been intoxicated while dropping off dozens of children minutes earlier.

Perhaps the most important takeaway from this case was the number of child endangerment counts the defendant faced. She was convicted of 27 separate child endangerment counts – one for each child on board the bus.

Find an Experienced DWI Defense Attorney in Bergen County

If you’re serious about fighting your DWI, contact an experienced New City criminal defense lawyer. Phillip J. Murphy, Attorney at Law has helped numerous DWI defendants over the years. While it’s true that having kids in your car can complicate this situation, the same basic DWI defenses apply. If you can prove that you were not intoxicated, the presence of children becomes irrelevant. Reach out today, book a consultation, and get started with your defense strategy.

Source:

nj.com/sussex-county/2024/06/nj-school-bus-driver-sentenced-to-prison-for-driving-drunk-with-27-kids-on-board.html