Child Endangerment and Drunk Driving

Driving drunk with a child in the car can have serious consequences. In Oklahoma, not only can drivers be charged with driving under the influence of alcohol, but they can face increased sentences and child endangerment charges. Oklahomans receive child endangerment charges frequently because their children are in the backseat while they drive drunk.

Under Oklahoma law, child endangerment occurs when a parent, guardian, or person who has custody or control of a child either:

• Is the driver, operator, or person in physical control of a vehicle who is driving under the influence of alcohol or another intoxicating substance while transporting a child or children; or
• Knowingly permits a child to be in a vehicle when the person knows or should have known that the vehicle’s operator is impaired by or is under the influence of alcohol or another intoxicating substance.

21 O.S. § 852.1. In other words, child endangerment is driving drunk with a child in the car or letting a child get in the car with someone who is impaired. The law provides one specific defense to this charge: if you reasonably thought that denying permission for a child to get in the car with a drunk driver would result in substantial bodily harm to the child, you may be able to get the charges dismissed.

Child endangerment is a felony in Oklahoma. A conviction is punishable by imprisonment for up to four years, by a $5,000 or less fine, or by both such fine and imprisonment. 21 O.S. § 852.1(C). Drivers also convicted of DUI while the child was in the car could face increased jail time, increased fines, and possibly felony rather than misdemeanor DUI charges. Finally, child protective services may get involved, especially if the child is injured during the ride or the driver is taken to jail and there is no one to supervise the child.

Children rely on the adults in their life to make many decisions for them. The child endangerment law seeks to punish adults who make bad decisions that impact their children. If you have been charged with child endangerment because your kids were in the car when you were pulled over, seek out an attorney who knows Oklahoma DUI law to give you the best chance at beating the charges.

If you need representation in an Oklahoma court for a DUI charge, seek out the attorney who teaches other attorneys and law enforcement about sobriety testing techniques. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, may be able to challenge gas chromatography testing for you. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.