It’s late in the evening, and you’re driving home after a friend’s gathering with your 12-year-old in the back seat. When you’re nearly home, flashing lights appear in your rearview mirror, so you pull over. The officer approaches, asks if you’ve been drinking, and requests that you step out of the car. A few minutes later, you’re taking a DUI breath test. The preliminary breath test reading is over Colorado’s legal limit, so the officer informs you that you “get” to do standard field sobriety tests (SFST’s). Before you know it, you’re under arrest for DUI. But that’s not the only charge: you’re also being accused of child abuse because your child was in the car.
At that moment, your situation changes dramatically. The case is no longer a standard DUI; it’s now a DUI with a child abuse component. This means you could be facing mandatory jail time, higher fines, and possible felony charges. The arrest will likely trigger a separate report to child protective services (CPS) through the Department of Human Services (DHS), leading to an investigation into your parenting and your home environment. If you are involved with children for your work, you may now have to worry about a TRAILS history impacting your licensure and employment. If you’re a divorcee, you may even have to answer to your ex in order to maintain custody of your child.
Colorado DUI Laws and the Added Element of Child Abuse
In Colorado, you can be charged with driving under the influence if your blood alcohol concentration (BAC) is 0.08% or higher or if officers determine that alcohol, drugs, or a combination has impaired your ability to drive. A BAC between 0.05% and 0.08% can lead to a DWAI (driving while ability impaired) charge, which still carries penalties. For drivers under 21, the threshold is lower: any BAC of 0.02% or higher can result in an underage drinking and driving offense. But even if there’s not a test, if an officer thinks you’re impaired to the “slightest degree” they can charge you with DUI/DWAI and let the court/prosecution sort it out late.
When you have a minor passenger in your vehicle at the time of the offense, Colorado law allows prosecutors to add child abuse charges under C.R.S. 18-6-401. It’s often automatic that officers will charge both the DUI as well as child abuse. The Colorado statute has a broad definition of child abuse, and drunk driving with a child present falls within that definition. This is a separate charge from the DUI itself, which means you would be prosecuted for both offenses at the same time.
The presence of a child in your vehicle can also influence how the court and prosecutors handle your DUI. A case that might otherwise qualify for probation could instead result in jail time, especially if there are aggravating factors such as prior DUIs, a high BAC, or an accident during the incident. Even if the child was unharmed, the court treats the risk itself as a serious offense. Prosecutors rarely drop the child abuse count without significant mitigation, and at minimum parenting classes or making better choices classes will be required.
When DUI with Child Abuse Becomes a Felony in Colorado
Most first-time DUIs in Colorado are misdemeanors, but the involvement of a minor passenger can push charges into felony territory. If the child suffers injury or death because of the impaired driving, the child abuse charge tied to the DUI can be filed as a felony under C.R.S. 18-6-401. The severity of the felony depends on the level of harm: any injury can lead to a Class 3 or Class 4 felony, while a fatality can result in a Class 2 felony, which carries the longest prison terms in the state short of life sentences. A DUI crash involving injury or death–even in your own car–also carries possible risk of vehicular homicide or vehicular assault charges.
A DUI can also become a felony if you have prior impaired driving convictions. In Colorado, a fourth DUI of any kind (DUI, DWAI, or a combination) becomes a Class 4 felony, even without injury. If you have a child in your car during a felony DUI, the penalties can escalate further, and prosecutors often push for the maximum sentence available under law even if nobody was hurt.
Mandatory Minimum Penalties for DUI with a Child in the Car
For a first-offense misdemeanor DUI without aggravating factors, you face a minimum of five days in jail, fines up to $1,000, and a lengthy license suspension at the DMV. When a minor passenger is present, prosecutors usually seek jail sentences above the minimum, arguing that the added risk to the child warrants harsher punishment. Minimum jail can usually be suspended pending completion of probation, community service, and other requirements. However, with children in the car, such suspension becomes less likely. Judges have discretion to impose longer sentences within the statutory range (up to one year of jail), and they frequently do so in these cases.
If the incident results in injury to the child, the penalties rise sharply. A conviction for misdemeanor child abuse involving injury carries a possibility of 120 to 364 days in jail, and felony child abuse convictions can result in years of state prison time. A BAC of 0.15% or higher, even without injury, also triggers an aggravated DUI classification and persistent drunk driver designations at the DMV, which increases the likelihood of extended jail time and higher fines and longer license revocation. In most cases, you could be ordered to attend parenting classes and even be added to the child abuse registry in TRAILS.
This combination of criminal penalties, administrative sanctions from the Department of Revenue/DMV, and the potential for a permanent criminal record makes driving under the influence with a child in the car far more damaging than a standard DUI conviction.
Child Protective Services (CPS) Involvement
When you’re arrested for DUI with a minor in the car, the responding law enforcement agency will typically file a report with Colorado’s county-level child protective services. This report outlines the arrest circumstances, the child’s age, and any evidence suggesting the child was put at risk. CPS treats these cases as potential child abuse or neglect incidents, even if the minor was unharmed and properly restrained at the time of the stop.
Once CPS receives the report, it can open an investigation that may include interviews with you, the child, and other household members. Investigators may visit your home to assess living conditions, evaluate your parenting, and determine if ongoing supervision is necessary. In some cases, CPS can request a temporary safety plan, which might require supervised visitation or restrict your ability to transport the child until the case is resolved.
The CPS investigation runs separately from the criminal case, but the two can influence each other. A conviction for DUI with a child passenger can strengthen CPS’s case for increased oversight or court-ordered services. Even without a conviction, the agency can recommend interventions based on its findings. Criminal courts also give much deference to case worker recommendations, and may even make the Mandatory Restraining Order mirror requirements in the DHS case. This could include a requirement for costly supervised visits with your kids, not only through CPS but also the criminal court.
Long-Term Consequences Beyond Criminal Penalties
A DUI with a child in the vehicle leaves consequences that last well after you’ve served your sentence or completed probation. One of the most immediate effects is on your driving record. Even after license reinstatement, the conviction can stay on your record permanently, making future traffic or alcohol-related offenses subject to harsher penalties. Auto insurance rates can also rise sharply, and some companies may refuse coverage altogether.
Parental rights can also be affected. In custody disputes, the opposing party can use the charges and any related CPS findings to argue for reduced parenting time or supervised visits. Courts that determine a child was placed in danger may weigh that factor heavily when deciding what’s in the child’s best interests. For parents working toward reunification after a prior CPS case, a DUI involving a child can set back progress significantly.
Professional and employment opportunities can be limited as well. Jobs that require driving, working with children, or holding certain licenses (such as teaching, healthcare, or commercial driving) may be unavailable to you with this type of conviction on your record. Even volunteer positions in schools or youth programs may be off-limits. These long-term impacts make it critical to address the charges from the outset, as the consequences extend well beyond the initial court sentence.
Defending Against DUI with Child Abuse Charges
If you’re charged with DUI and child abuse in the same case, the stakes are high. A criminal defense attorney can examine both charges separately, identify weaknesses in the evidence, and put together a defense that addresses every part of the case. This includes:
- Challenging the Traffic Stop: Your Colorado DUI attorney will review the police report to determine if the officer had legal grounds to pull you over. If the stop was unlawful, they can argue to have any evidence collected afterward, including BAC results, excluded from the case.
- Questioning BAC Test Accuracy: An attorney can determine whether the breathalyzer was properly calibrated and if blood samples were collected, stored, and tested according to legal requirements. Improper handling of evidence or drug and alcohol testing errors can weaken the prosecution’s ability to prove impairment.
- Reviewing Officer Procedures: Your attorney can look for mistakes in how field sobriety tests were administered, such as unclear instructions or deviations from standardized methods. These issues can create doubt about the reliability of the test results.
- Addressing the Child Abuse Charges: A criminal defense lawyer can gather evidence showing the child was properly secured and that your driving did not create a real safety risk. They can also challenge inconsistencies between the officer’s account and other credible witness statements or physical evidence.
- Negotiating for Charge Reductions: Your attorney can work with prosecutors to seek dismissal of the child abuse charge or a reduction of the DUI charge. This approach can result in lower penalties and help limit the long-term consequences for your record and custody rights.
Charged With DUI When a Child Was in the Car? Call Colorado Lawyer Team
A DUI with a child passenger in Colorado brings penalties that go beyond those for standard impaired driving. You can be prosecuted for both DUI and child abuse, face jail time, pay higher fines, and risk felony charges if the child was injured or if you have prior convictions. These cases also carry personal consequences, including child protective services involvement and potential changes to your custody or visitation rights.
If you’ve been arrested for DUI while a child was in your vehicle, your first step should be hiring legal counsel. Colorado Lawyer Team can review your case and take immediate action to protect your record, your future, and your relationship with your child. For more information or to schedule a confidential consultation with a Colorado DUI defense lawyer, call us or fill out our online form today.