Driving while intoxicated is a bad idea. No one questions that they shouldn't do it. However, what's worse is driving while you're intoxicated with your children in the vehicle. Even if you don't get into a crash, you could face charges beyond a typical DUI. You could face serious allegations of neglect.
That's what happened in this case. A court in Virginia has upheld a child neglect conviction following a woman's DUI case. According to the May 13 news, the woman appealed the conviction, stating that the trial court had erred. She claimed that the court erred by relying only on blood alcohol content (BAC) to support the child neglect charges and subsequent conviction.
The woman was arrested on Christmas 2014. She had been driving her SUV, and the officer noticed that it had two flat tires. She was arrested for drunk driving.
According to the report, she'd had a BAC of .25, which is over three times the legal limit in Virginia. Along with the support of a forensic toxicologist, the court determined that she exposed her children to potential harm by having them in the vehicle while she was intoxicated. Thus, she was charged and convicted for child neglect.
If you're accused of child neglect alongside a DUI, know your rights and defend yourself. There is a chance you could face enhanced penalties or could even be investigated and lose your children. Don't leave your case to chance; you need to protect yourself, your children and your family. With the right help, you may reduce the damage you face.
Source: WTOP, "Court upholds child neglect convictions in DUI case," May 13, 2018