What happens if you get a DUI with a child in the car in Montgomery County, PA?

You can face two cases at once—DUI and Endangering the Welfare of a Child (EWOC). Penalties are enhanced and may include an 18-month license suspension, heavy fines, community service, ignition interlock, and possible custody impacts. ARD is typically unavailable when the child passenger is under 14.

Will CPS take my kids after a DUI with a child in the car?

Police often notify Children & Youth Services (CPS), which will investigate for safety. Outcomes vary from no action to safety plans or supervised visitation. Removal occurs only in serious risk situations. Early involvement of counsel helps protect your parental rights.

Can I get ARD for DUI with a child in the car in Pennsylvania?

Generally no if the passenger was under 14; Pennsylvania law makes those cases ineligible for ARD. In other scenarios, ARD remains discretionary and usually limited to first-time, non-violent offenses. Acceptance is not guaranteed and depends on the facts and the DA’s office.

Montgomery County DUI & Child Endangerment Lawyer

Q: Is DUI with child endangerment a felony in Pennsylvania?

It can be. Many cases are graded as a first-degree misdemeanor (up to 5 years). A third or subsequent DUI with a minor passenger can be charged as a third-degree felony (up to 7 years). EWOC can also be a felony when the facts show a substantial risk of injury or very young children.

Q: Can you go to jail for DUI with a minor passenger in PA?

Yes. A DUI with a minor passenger carries enhanced sentencing. Depending on BAC, priors, and facts, penalties range from misdemeanor jail exposure up to 5 years to felony terms up to 7 years, along with long license suspensions and other collateral consequences.

DUI & Child Endangerment in Montgomery County, PA

DUI and child endangerment involve two distinct laws:

Pennsylvania child endangerment statute (18 Pa. C.S. § 4304): Puts in place laws that a parent, guardian or other person supervising the welfare of a person under the age of 18 endangers the child if they commit an offense that violates their duty of care, the support or welfare of the child.
Driving under the influence of alcohol or a controlled substance (75 Pa. C.S. § 3802): An individual cannot operate a vehicle after consuming a sufficient amount of alcohol that renders the person incapable of safely operating the vehicle.

A DUI with a child in the car triggers two cases at once: the DUI and child endangerment. Example: a parent leaving King of Prussia is stopped at a checkpoint; a breath test reads 0.08% with a minor in the vehicle. That single stop can result in dual charges.

Consequences go beyond fines and license suspension. For instance, custody rights may be impacted, and jail time is a real risk even on a first offense, especially if the child is under 14 (often making ARD unavailable). Prosecutors are typically less willing to reduce charges in these cases, so a focused defense challenging the stop, testing, and evidence is critical.

Penalties for DUI with a Minor Passenger in Montgomery County

When a child (under 18) is in the vehicle, a DUI is enhanced and penalties escalate beyond a standard DUI. Outcomes vary by BAC, priors, and facts, but generally include:

1st or 2nd offense with a minor passenger (misdemeanor): up to 5 years in jail, substantial fines, 12–18 months license suspension, and 1 year of ignition interlock after restoration.
3rd offense with a minor passenger (third-degree felony): up to 7 years in prison, higher fines, and extended suspension/interlock.
Crash/injury enhancement: prosecutors may add DUI aggravated assault, which can carry up to 7 years in prison and $15,000 in fines.
Commercial drivers: CDL holders face lower thresholds and harsh collateral penalties (job loss risk, CDL disqualification).

BAC tiers used in PA sentencing:

General Impairment: 0.08–0.099%
High BAC: 0.10–0.159%
Highest BAC: 0.16%+ (or controlled substances)

If you’re charged with DUI involving a minor, speak with a Pennsylvania DUI with child passenger attorney immediately to protect your rights and limit the consequences.

DUI with a Minor Passenger – Additional Consequences

License Suspension – A PennDOT license suspension for aggravated DUI when a minor passenger is in the vehicle is 18 months instead of the standard suspension period.
Fines– Penalties can range from $1,000 to $10,000 in fines.
Community Service – You face a mandatory 100 hours of community service.
Ignition Interlock Devices – Ignition interlock device requirements after aggravated DUI charges last for one year.H3:

How Child Endangerment Enhances DUI Charges

As your Montgomery County DUI with child in car attorney, we know that a child in the care at the time of even a general impairment comes with:

Elevated DUI sentencing
Possible felony charges
Court-ordered parenting classes
Supervised visitation

Child Protective Services (CPS) will likely get involved in your case to verify that you don’t risk your child’s safety.

CPS Investigations After a DUI Child Endangerment Arrest

A CPS (Children & Youth Services) investigation after DUI charges in Montgomery County will also take place. The role of CPS is to ensure your child’s safety, which requires a full investigation into:

Abuse
Neglect

If you have a custody agreement with the other parent, you risk losing your custody and/or visitation rights. In severe cases, CPS may remove your child from the home.

The judge overseeing your case will also consider whether you pose a threat of harm to the child, which in DUI cases, depends on the circumstances. Repeat offenses or high BAC levels may result in loss of child custody.

Montgomery County Arrest & Court Process for DUI Child Endangerment Cases

You face enhanced DUI penalties in PA if a minor is in your vehicle at the time of your DUI arrest. Working with an experienced Montgomery County DUI child endangerment lawyer is critical, but it’s essential to understand the arrest and court process to know what to expect.

Traffic Stop and Field Sobriety Tests: You get pulled over for a violation (speeding, broken taillight or other traffic violation) or at a routine checkpoint. The officer suspects you may be driving under the influence and asks you to perform field sobriety tests. When the officers discover there is a minor passenger in the vehicle, the situation becomes more serious.
Arrest: You will be taken into police custody and likely charged with Endangering the Welfare of a Child in addition to the DUI. Law enforcement will notify a family member or Child Protective Services (CPS) to take custody of the child temporarily.
BAC Testing and Booking: You will be asked to submit to a chemical test to determine your BAC. Refusal will result in immediate license suspension. Once you are processed at the station, you will be formally charged.
Preliminary Hearing: The preliminary hearing will be your first court appearance, held at the Magisterial District Court that handles aggravated DUI cases where your arrest occurred. The prosecution will present evidence to convince the judge that there is probable cause to believe you committed the crime. During this hearing, your attorney can cross-examine the officer and argue to get the charges reduced or dismissed.
Arraignment: If the case moves forward, it will be moved to the Court of Common Pleas in Norristown, where you will be formally informed of the charges and asked to enter a plea. A plea deal may be offered to avoid a trial. Your attorney will advise you on whether a deal will be in your best interest.
Trial: If a plea deal is not reached, the case will move to trial at the Court of Common Pleas, where a judge or jury will hear the evidence and reach a verdict.

Need an experienced DUI minor in vehicle lawyer in Montgomery County? Contact Fienman Defense today.

Our Montgomery County DUI & Child Endangerment Lawyers Can Help

The penalties for a DUI with a child passenger in Montgomery County are harsh, and you may be facing additional charges for child endangerment.

You need experienced and skilled legal counsel who understands not only DUI laws but the intricacies of standardized field sobriety tests (SFSTs) and BAC testing to expose errors that make the results unreliable.

Attorney Michael H. Fienman has received the same training on SFST protocols as law enforcement. He knows where police officers make errors and how to expose them to get charges reduced or dismissed. We may also:

Contest that there was a probable case for the traffic stop. We’ll review the reason for the traffic stop, the officer’s observations and whether the FSTs were performed properly. If the police didn’t have a legal reason to pull you over, all subsequent evidence may be tossed out of court.
Challenge BAC results. Chain-of-custody errors, mishandling of samples, improper blood draw or contamination may render the BAC results unreliable. We may also challenge the breathalyzer results if the device was improperly calibrated, you have a medical condition that can affect the results or the test was performed improperly.
Dispute EWOC charges. We’ll review the circumstances of your case and, if possible, argue that your actions did not knowingly endanger the child.

We’ll explore every legal avenue to minimize or eliminate the impact of DUI license suspension, jail time, fines and CPS involvement.

Whether this is your first offense or you’re facing repeat DUI charges, you need an attorney who understands the Montgomery County court system and will fight relentlessly to achieve the best possible outcome in your case.

DUI & Child Endangerment – Successful Cases

Fienman Defense has achieved:

DUI case dismissal. One client was involved in an accident and charged with a DUI, but due to a language barrier, the client refused the blood test. Attorney Fienman cross-examined the officer for over an hour, exposing that the field sobriety test had been improperly administered. The case was dismissed.
Reduced charges. Another client was charged with driving on a DUI-suspended license, which carries 60-day mandatory jail time, a fine, and a 12-month license suspension. Attorney Fienman successfully negotiated the charge to a lesser charge of driving without a valid license. The client avoided jail time, additional license suspension and a reduced fine.

More Case Results

FAQs: DUI & Child Endangerment in Montgomery County

What Happens If You Get a DUI with a Child In the Car in MontCo?

If you are charged with a DUI with a child in the car, you face a number of penalties, including an 18-month DUI license suspension, fines, and community service. Additional requirements may include ignition interlock installation, completion of alcohol safety schoo,l and potential treatment programs.

Is DUI with Child Endangerment a Felony in Pennsylvania?

Yes, a DUI with child endangerment can be charged as a felony in Pennsylvania, but it depends on your previous record and the circumstances of the case. If this is a third or subsequent DUI offense with a minor passenger, the charge may be elevated to a third-degree felony. In addition, you will likely be charged with Endangering the Welfare of a Child (EWOC), which may be charged as a felony if your actions created a substantial risk of injury or death or the child was under the age of six.

Can You Go to Jail for DUI with a Minor Passenger in PA?

Yes, jail time is a very real possibility if you are charged with a DUI while a minor is in the vehicle. Having a minor in the vehicle will raise the level of charges and likely lead to harsher penalties. Even if it’s your first offense, you may be facing a first-degree misdemeanor charge, which is punishable by up to 7 years in prison. A drunk driving child endangerment attorney in PA will pursue every avenue to protect your freedom.

Will CPS Take My Kids After a DUI in Pennsylvania?

Whether or not CPS will take your children after a DUI will depend on the circumstances of the case. You may receive a separate charge for EWOC, and the police will likely notify CPS of the charge, which will trigger an investigation. It is crucial to consult with a Montgomery County DUI with a child in the car attorney as soon as possible to understand your options and take action to protect your children.

Can I Get ARD for DUI with a Child in the Car in PA?

No. The ARD program is for first-time offenders without previous offenses or ARD dispositions. However, when child endangerment is involved, the DUI charge is more severe. In the state of PA, a person who is arrested with a child under the age of 14 in the car is ineligible for the ARD, even if they have zero prior offenses.