DUI & EWOC Charges in Philadelphia

In Pennsylvania, “Endangering the Welfare of a Child” (EWOC) charges are often added to a DUI when a minor under 18 years old is present in the vehicle. This charge applies if the state believes you knowingly endangered the child’s welfare by driving under the influence. Simply having a child in the car while intoxicated is sufficient for the state to bring this additional charge; harm or immediate danger to the child does not need to be proven. If the child is under six years old, the charges may be escalated to a more severe classification.

At Fienman Defense, we bring the knowledge and resources necessary to effectively defend against drunk driving charges that involve having minors in the car. We represent clients throughout PhiladelphiaBucks CountyMontgomery County, Chester County, Delaware County, and beyond. With the same focused training as law enforcement, we identify weaknesses that many other defense lawyers may overlook.

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DUI with a Minor Passenger: Elevated Charges

The presence of a minor in your vehicle during a DUI arrest raises the level of your charges and typically leads to harsher penalties than a standard DUI:

  • First or Second DUI Offense with a Child Passenger: Charged as a first-degree misdemeanor, punishable by up to five years in prison and/or significant fines.
  • Third DUI Offense with a Child Passenger: Elevated to a third-degree felony, punishable by a prison sentence of up to seven years.

DUI – EWOC Penalties

  • License Suspension: An 18-month suspension for a DUI with a minor in the vehicle, longer than the standard suspension for a DUI.
  • Fines: Ranging from $1,000 to $10,000, depending on your prior record and other aggravating factors.
  • Community Service: A mandatory 100 hours of community service when a minor is involved.
  • Additional Requirements: Completion of alcohol highway safety school, potential treatment programs, and ignition interlock installation upon license reinstatement.

Was the Child Injured?

When you’re charged with a DUI child endangerment offense involving a minor passenger in Philadelphia, the stakes are a lot higher. Pennsylvania law enforces strict penalties not only for DUI but also for endangering the welfare of a child (EWOC). This can mean facing dual charges with serious consequences, including prison time, steep fines, and a lasting impact on your family. The law doesn’t distinguish between having one glass of wine with dinner or driving under the influence of a controlled substance—having a child in the car elevates the offense.

DUI Child Endangerment Charges

DUI with child in car Pennsylvania law, EWOC applies if:

  • You are a parent, guardian, or supervising adult of a child under 18.
  • You knowingly endangered the child’s welfare.
  • The child’s welfare was compromised due to a breach in your duty to care, protect, and support.

You can be charged with EWOC even if the child in the vehicle was not related to you, such as in cases where you’re a babysitter, coach, or another responsible adult. EWOC is typically a first-degree misdemeanor, punishable by up to five years in prison. However, if your actions created a substantial risk of serious injury or death, it could be escalated to a third-degree felony (up to seven years) or a second-degree felony (up to 10 years).

Drugged Driving Involving Minors

You can be charged with a DUI and EWOC if you are over the legal limit (0.08) or have drugs in your system. The law does not distinguish between having a 0.09 BAC, THC from marijuana, or a significant amount of a controlled substance, like heroincocaine, or meth, in your system.

Society might view overdosing in a vehicle with a child as different from one too many glasses of wine, but the law does not. Essentially, the penalty enhancements attached to a DUI-EWOC can apply to any DUI involving minors. So, a mother who overdoses with a child in the back seat faces the same punishments as the mother who had a glass of wine before driving home. 

Options for First-Time DUI & EWOC Offenders

If this is your first DUI offense, even with DUI with kids in car passenger, you may qualify for Pennsylvania’s ARD program. ARD focuses on rehabilitation and allows you to avoid a conviction upon successful completion, which includes probation, community service, and treatment. If the minor is under 14, ARD is generally not an option. For children aged 14-17, eligibility is evaluated on a case-by-case basis. Attorney Fienman can help assess your situation and explore ARD eligibility.

Defending Against DUI & EWOC Charges

Facing DUI and EWOC charges can be overwhelming, but an experienced attorney can make a significant difference. At Fienman Defense, we thoroughly investigate the circumstances of your arrest and build a strategic defense to challenge the charges against you. Key defenses may include:

  • Challenge the Stop: Questioning the legality of the traffic stop if there was no reasonable suspicion.
  • Refute the Evidence: Investigating potential inaccuracies in field sobriety or chemical tests, especially in drug-related cases.
  • Dispute EWOC Allegations: Arguing that your actions did not knowingly endanger the child.

Read: 4 Police Mistakes That Can Get Your DUI Dismissed

What to Do if You’re Pulled Over for DUI with a Minor in the Car

  • Do Not Self-Incriminate: Avoid discussing any alcohol or drug use. Politely decline to answer questions and request to speak to an attorney.
  • Comply but Stay Silent: Provide your identification, license, and registration, but avoid further conversation to prevent any unintended self-incrimination.
  • Call an Attorney: Contact a qualified DUI attorney as soon as possible to discuss your rights and next steps.

How a DUI & EWOC Lawyer Can Help You

Defending against a DUI with child endangerment requires in-depth knowledge of DUI laws, child endangerment statutes, and the specific considerations for cases involving minor passengers. A skilled attorney can help by focusing on the following aspects of your case:

Challenging Evidence

An experienced attorney trained in DUI detection and field sobriety procedures can meticulously examine the evidence for inconsistencies, procedural errors, and inaccuracies. This includes evaluating field sobriety and chemical test methods, which is essential for cases involving both alcohol and drug impairment. This level of scrutiny is especially crucial in DUI with child in car Pennsylvania cases, where penalties are significantly harsher. Any mistakes in testing or police procedures may provide grounds for dismissing or reducing charges.

Negotiating for Reduced Charges

For first-time offenders or those with complex personal situations, there may be opportunities to negotiate with the prosecution for reduced charges or alternative sentencing. These options may focus on rehabilitation or treatment, especially if DUI with kids in car charges are involved. Attorney Fienman works to find solutions that prioritize rehabilitation and reduce long-term consequences for clients.

Examining the Details

Every detail of your stop, arrest, and evidence-collection process is critical. Attorney Fienman will review each step, looking for rights violations, procedural missteps, and inconsistencies that could weaken the prosecution’s case and potentially lead to the dismissal of charges. Even seemingly minor issues can play a crucial role in your defense.

Minimizing Penalties

In cases where a conviction is unavoidable, an experienced attorney can work to minimize the impact of the penalties by exploring alternative sentencing options. This may include treatment programs, conditional licenses, and community service in place of jail time, especially when facing EWOC charges alongside a DUI. 

Why Choose Fienman Defense for DUI & EWOC Charges?

When facing a DUI with child endangerment charges, it’s essential to have a knowledgeable and dedicated attorney by your side. With a history of successfully defending clients charged with DUI and EWOC in Philadelphia, attorney Michael Fienman offers unmatched skill in defending clients against DUI and EWOC charges, especially those involving minor passengers.

  • Extensive Experience: Attorney Fienman has a strong track record in defending against DUI and EWOC charges across Philadelphia and surrounding counties. His knowledge of Pennsylvania’s DUI and child endangerment laws allows him to provide strategic, informed guidance.
  • DUI Detection & Sobriety Testing Training: Attorney Fienman has undergone training in DUI detection and field sobriety testing, giving him the expertise to challenge evidence that others may overlook. This specialized knowledge can be pivotal in DUI & EWOC cases.
  • Client-Focused Approach: Attorney Fienman understands the stress and anxiety associated with DUI and child endangerment charges. He offers personalized support, working closely with each client to build a defense strategy tailored to their unique circumstances.

For a free & confidential consultation about your case, contact Fienman Defense.

Standardized Field Sobriety Testing Certified

 

 

Pennsylvania DUI & EWOC laws

Under Pa. Code §3802, it is illegal to drive or be in control of a vehicle while impaired by alcohol, drugs, or a combination of both. DUI offenses are categorized based on Blood Alcohol Concentration (BAC) levels and the presence of controlled substances in the driver’s system.

Under Title 18, Section 4304, Pennsylvania law establishes that a person supervising the welfare of a child, whether as a parent, guardian, or another responsible adult, is prohibited from endangering the child’s welfare. A person commits EWOC if they knowingly endanger the welfare of a child under their supervision. This includes placing a child in dangerous circumstances, such as driving under the influence.

Attorney Fienman leverages his extensive knowledge of these laws to provide strategic defense for clients facing charges, focusing on challenging evidence and procedural errors and ensuring fair treatment under the law.

Call Fienman Defense at (215) 965-1415 for a free DUI consultation.

 Attorney Michael H. Fienman represents clients in criminal and traffic matters throughout Pennsylvania and New Jersey. Mr. Fienman is a zealous advocate known for relentlessly defending clients in state court, federal court, and before administrative agencies. Attorney Fienman is licensed to practice before the Supreme Court of Pennsylvania, the Supreme Court of New Jersey, the US District Court for the District of New Jersey, and the US District Court for the Eastern District of Pennsylvania.

DUI & EWOC with Minor Passenger: FAQs

What is the penalty for DUI with a minor passenger?

DUI with a minor passenger is treated as a higher offense, with penalties up to five years in prison for a first-degree misdemeanor or seven years for a third-degree felony if it’s your third DUI.

Can I be charged with EWOC if I wasn’t related to the child?

Yes, you can face EWOC charges if you were responsible for the child’s welfare, even if they were not your own child, such as in cases of babysitting or transporting other children.

Does Pennsylvania offer ARD for DUI with a minor passenger?

ARD may be an option for first-time DUI offenders with a minor passenger. However, if the child was under 14, you may not be eligible.

Will the DUI penalties increase if the child was injured?

Yes, if a child was injured, the charge could escalate to aggravated assault by vehicle, a second-degree felony punishable by up to 10 years in prison.

Can I avoid jail time if convicted of DUI and EWOC?

Jail time may be avoidable depending on the details of your case, prior record, and defense strategy. An attorney can help explore alternatives.

Questions? Contact us today.

Based on the evidence, Fienman Defense will try to show that the charges should be dismissed. If it’s in your best interest, we will work to negotiate a lesser sentence. Should the case go to trial, we will fight to present the strongest defense possible for your situation.