In New Jersey, driving under the influence with a child in the car is not just a traffic violation. It can lead to a separate felony charge for child endangerment with life-altering consequences.

If you’ve been arrested for DUI while a minor was in your vehicle, you could be facing far more than fines or license suspension. Under N.J.S.A. 2C:24-4, prosecutors may pursue an indictable child endangerment charge, a felony offense that raises the stakes considerably. Many individuals in this situation are unsure what the penalties might be or how such charges could affect their future and their relationship with their child.

At The Law Office of John B. Brennan, we understand how serious these matters can become when a criminal charge involves the alleged endangerment of a minor. With decades of experience handling high-stakes cases across South Jersey, we offer honest guidance and build defense strategies based on the specific facts of each case.

Why Charges Are More Serious When a Minor Is in the Vehicle

New Jersey takes any form of impaired driving seriously. But when a child under 18 is in the vehicle, the consequences can escalate significantly. State law allows you to face both a standard DWI charge with enhanced penalties and charges of a distinct criminal offense: endangering the welfare of a child.

This charge is not handled in municipal court. Instead, it is prosecuted in Superior Court and often charged as a second-degree indictable offense, even if there was no crash or injury.

Simply having a minor in the vehicle while driving under the influence may be enough for prosecutors to bring a child endangerment charge. The law focuses on the risk of harm, not just actual harm.

What You Could Be Facing: DUI and Child Endangerment Penalties in South Jersey

If you’re arrested under these circumstances, you may be facing several overlapping legal issues:

• A DUI/DWI charge under N.J.S.A. 39:4-50
• A disorderly persons offense under N.J.S.A. 39:4‑50.15 (if you are a parent, guardian, or custodian driving while intoxicated with a child passenger)
• A felony child endangerment charge under N.J.S.A. 2C:24-4
• A referral to the Division of Child Protection and Permanency (DCPP)

Note: The disorderly persons charge under 39:4‑50.15 is handled in municipal court and may be filed in addition to the more serious felony-level child endangerment charge under Title 2C.

If Convicted of Second-Degree Child Endangerment, Penalties May Include:

• Five to ten years in state prison
• A presumption of incarceration, even for first-time offenders
• A permanent felony record, which may impact employment, professional licensing, or immigration status
• Significant fines and court costs

These are not hypothetical outcomes. They are real risks that require an informed and strategic legal response.

Many defendants are surprised to learn that DUI and child endangerment charges are often handled in two different courts: Municipal and Superior. A unified, informed legal defense is essential.

Will This Affect Custody or Trigger a DCPP Investigation?

Yes. Even if criminal charges are dropped, a DUI allegation involving a minor passenger may still prompt a DCPP investigation. This agency has the authority to assess whether the minor was placed at risk and may recommend services or even file for court intervention, regardless of the outcome in criminal court.

If a custody order is already in place, this charge may be cited in Family Court by another party seeking to modify parenting time or visitation. While The Law Office of John B. Brennan does not represent clients in custody or family law matters, we recognize how criminal charges can influence those proceedings and can coordinate with family law counsel to help protect broader interests.

Common Misconceptions About DUI Charges Involving Children

Facing this kind of charge can be incredibly stressful, and misinformation only makes it worse. Here are a few critical truths:

• Intent to harm is not required for a child endangerment conviction. Prosecutors do not have to prove that you meant to hurt the child. They only need to show that you knowingly drove while impaired with a minor in the vehicle, thereby creating a risk to their safety.

• An accident is not required. You can be charged even if there was no crash or injury. The risk alone, even without harm, may be enough to support charges.
• This is not just a harsher DUI. Child endangerment is a separate felony offense under New Jersey law, not simply a DUI with enhanced penalties.

What You Should Do Right Now

• Do not speak to law enforcement or DCPP investigators without legal counsel.
• Gather and preserve any documentation you have, such as the police report, chemical test results, or communications from witnesses, and share them with your attorney.
• Do not assume the charges will be dismissed. These matters are treated seriously by prosecutors and the court.
• Contact a defense attorney experienced in both DUI defense and Superior Court felony proceedings.

At The Law Office of John B. Brennan, we guide clients through every stage of the criminal process, from Municipal charges to Superior Court proceedings.

Protecting Your Rights and Your Future

The effects of these charges go far beyond the courtroom. They can impact your reputation, livelihood, and personal relationships. But with the right legal strategy, it is possible to challenge the allegations, present mitigating factors, and fight for a resolution that limits long-term consequences.

Whether your arrest happened in Glassboro, Vineland, or elsewhere in South Jersey, The Law Office of John B. Brennan is here to provide calm, focused representation tailored to your unique circumstances. We understand what’s at stake and commit to guiding you through each step with clarity and purpose.

Arrested for DUI With a Minor in the Vehicle? Take the First Step Toward a Strong Defense

If you’ve been arrested for DUI with a minor in the vehicle, don’t wait to get legal help. The sooner you act, the more options you may preserve.

Contact The Law Office of John B. Brennan today to schedule your free, confidential consultation. We’ll take the time to understand your situation and work with you to determine the best path forward.

Disclaimer: This post is for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal guidance tailored to your case, consult a qualified criminal defense attorney licensed in New Jersey.