Child Abuse for DUI with a Child Passenger
The penalties for a DUI are enhanced if you are driving with a child passenger. Having a child passenger is already a form of aggravated DUI which comes with enhanced penalties, including a higher statutory minimum and a 6-12 month ignition interlock requirement.
In Polk County, FL, the arresting officer might also charge you with child abuse under Florida Statute Section 827.03(2), especially if a crash occurred or other aggravating factors were present.
During the 21 days after the arrest, your criminal defense attorney can contact the prosecutor to show them reasons why the child abuse charge should not be filed. The prosecutor typically makes that filing decision within 21 days after the arrest.
Not all DUI cases with a child passenger would constitute child abuse or neglect, and each case must be analyzed case by case.
Attorneys for DUI in Polk County, FL
If you were arrested for DUI in Polk County, FL, contact an experienced criminal defense attorney. We can help you understand the penalties for the offense, including how aggravating factors like have a child passenger might impact the case.
At Sammis Law Firm, we have offices in downtown Tampa, FL, in Hillsborough County. We have additional offices in New Port Richey near the West Pasco Judicial Center and in Clearwater near the Criminal Justice Center (CJC) courthouse on 49th street.
Call 813-250-0500 for a free and confidential consultation.
This article was last updated on Friday, January 30, 2026.
