Facing a DUI charge is a nerve-wracking experience, but when you add child endangerment to the mix, things get even more serious. In Indiana, a DUI with child endangerment is classified as a Level 6 felony, which means the stakes are high, and the possibility of jail time is very real. But it’s important to remember that while the situation is severe, it’s not without hope—especially if you act quickly and strategically.
The Gravity of the Situation
Judges in Indiana are generally understanding that DUI charges often involve individuals who aren’t hardened criminals—they’re people who made a poor decision, often under the influence of alcohol. However, that understanding tends to diminish rapidly when a child is involved. The presence of a child in the vehicle significantly increases the likelihood of jail time. Many judges see the act of endangering a child as one of the worst things you can do, especially when it’s coupled with driving under the influence.
Immediate Action is Crucial
If you find yourself facing a DUI with child endangerment charge, the first and most important step is to contact an experienced DUI attorney immediately. Time is of the essence, and there are proactive steps that can be taken to improve your situation before you even set foot in a courtroom.
One critical piece of advice is to cooperate with the Department of Child Services (DCS) if they become involved. Refusing to engage with DCS could lead to the removal of your child from your home. While this may be the only situation where I would advise cooperating with the government, protecting your relationship with your child takes precedence. Of course, there are exceptions—if the child isn’t yours, for instance, it’s a different story, and you should consult with your attorney to navigate those waters.
Mitigating the Damage
To put yourself in the best possible position, you need to take immediate and decisive action. This can include getting an assessment approved by the county and starting to comply with any recommendations before your court date. The goal here is to show the judge and prosecutor that while a mistake was made, you’re not a bad person and are taking responsibility for your actions.
An experienced attorney will also work to reduce the felony charge to a misdemeanor, which can significantly lessen the potential penalties, including the possibility of jail time.
Final Thoughts
A DUI with child endangerment charge is not something you can afford to ignore or handle lightly. The legal system takes these charges very seriously, and so should you. But remember, being charged doesn’t mean you’re out of options. With the right legal strategy and swift action, you can fight to protect your future.
If you’re dealing with a DUI involving child endangerment, don’t wait. Call us today at 317-632-3642 and remember—always plead the 5th!
