What Level of Child Abuse Is Charged?

The severity depends on whether the child was injured.

No Injury

Typically charged as a Class 2 misdemeanor.

Possible penalties include:

• Up to 120 days in jail (under current sentencing reforms)
• Fines
• Probation

Injury to the Child

If the child suffers bodily injury, the charge can be elevated to a Class 1 misdemeanor.

Penalties may include:

• Up to 364 days in jail
• Higher fines
• Mandatory protection orders

Serious Bodily Injury or Death

If serious bodily injury occurs, felony charges may apply, potentially including:

• Felony child abuse
• Vehicular assault
• Vehicular homicide (in fatal cases)

Felony exposure dramatically increases prison risk.  Felony child abuse has a mandatory prison sentence.

Mandatory Protection Orders in Child Abuse Cases

Child abuse is a Title 18 offense.

That means courts issue a mandatory criminal protection order at the first appearance.

This can:

• Prevent contact with the child
• Restrict returning to the home
• Complicate custody arrangements
• Trigger involvement from the Department of Human Services

For parents — especially single parents — this can create immediate and severe family disruption.

How Judges Treat DUI Cases Involving Children

Judges view these cases differently than standard DUI cases.

Factors courts consider include:

• Age of the child
• BAC level
• Whether there was an accident
• Prior criminal history
• Cooperation with law enforcement
• Evidence of rehabilitation

Even though jail is not automatically mandatory in a first-time DUI with a child present, judges may impose jail based on the facts.

Mitigation becomes extremely important in these cases.  Showing that a defendant is taking responsibility to address any problems with alcohol is crucial.

How to Defend a DUI With a Child Charge

There are two separate issues to defend:

1. The DUI charge
2. The child abuse allegation

Defense strategies may include:

• Challenging the traffic stop
• Attacking probable cause
• Disputing field sobriety tests
• Contesting chemical test results
• Arguing lack of impairment
• Negotiating child abuse dismissal or reduction

In some cases, child abuse counts can be negotiated if the DUI is resolved strategically.

Every jurisdiction in the Denver Metro area handles these cases slightly differently, including:

• Arapahoe County
• Denver County
• Adams County
• Douglas County
• Jefferson County

Knowing how each court approaches aggravated DUI cases can materially affect the outcome.

What Should You Do If You Are Charged?

Do not treat this like a routine DUI.

You should immediately:

• Avoid discussing the case with others
• Begin alcohol education voluntarily 
• Consider parenting classes
• Preserve evidence
• Speak with a defense attorney

Mitigation matters. Judges want to see proactive steps, not just words of remorse.

Actions taken early can significantly impact sentencing.

Frequently Asked Questions About DUI With a Child in Colorado

Is a DUI with a child in the car automatically a felony in Colorado?

No. A DUI with a child present is not automatically a felony.

However, prosecutors typically add a child abuse charge. If there is no injury, it is usually filed as a misdemeanor. If the child suffers serious bodily injury, felony charges may apply.

The severity depends on the facts of the case, prior history, and whether an accident occurred.

Will I go to jail for DUI with a child in the vehicle?

Jail is not automatically required for a first offense, but judges treat these cases more seriously than standard DUI cases.

Factors that influence sentencing include:

• Your BAC level
• Whether there was an accident
• The child’s age
• Prior criminal history
• Whether you voluntarily entered treatment

Some courts impose jail even when the law does not require it. Strong mitigation can significantly reduce that risk.

Can the child abuse charge be dismissed?

In some cases, yes.

The child abuse count may be challenged if:

• The DUI itself is weak
• There was no evidence of impairment
• There are constitutional issues with the stop
• Negotiation strategies resolve the DUI in a way that affects the abuse count

Every case depends on the facts and the jurisdiction handling it.

Will a DUI with a child affect custody or parenting time?

It can.

A child abuse charge triggers a mandatory protection order, which may temporarily restrict contact with the child.

In family court, a DUI involving a child can impact:

• Custody determinations
• Parenting time
• Decision-making authority
• Ongoing modification cases

Judges in custody matters focus on the “best interests of the child.” A DUI with a minor passenger may be raised as evidence of endangerment.

However, outcomes depend heavily on:

• Whether there was an injury
• Prior history
• Completion of treatment
• Compliance with court orders

Proactive mitigation and responsible steps taken early can reduce long-term family court consequences.

Will Child Protective Services get involved?

Sometimes.

Law enforcement may notify the Department of Human Services when a child abuse charge is filed. This does not automatically mean removal, but it can trigger an investigation.

Cooperation, treatment enrollment, and legal guidance are important in navigating these parallel processes.

Is DUI with a child treated differently in different counties?

Yes.

Courts in Arapahoe, Denver, Adams, Douglas, and Jefferson Counties may approach aggravated DUI cases differently. Sentencing practices and plea negotiations vary by jurisdiction.

Understanding local court culture can make a meaningful difference in how a case resolves.

Speak With a Colorado DUI Defense Attorney Today

A DUI involving a child carries emotional weight in court. Prosecutors take them seriously. Judges take them seriously. Jurors take them seriously.

But being charged does not mean the case cannot be defended.

At The Lawrence Law Firm, we handle DUI and child abuse cases throughout Aurora and the Denver Metro area. We understand how to analyze both the impairment evidence and the child abuse component to protect your record, your freedom, and your family.

We offer free consultations and flat-fee representation with flexible payment plans.

If you are facing a DUI with a child in the vehicle, schedule a confidential consultation today.