Penalties for a DUI While Transporting a Child

The Florida Mallory’s Law is a proposed drunk driving child endangerment law that would increase the fines and penalties of driving under the influence with a child in the car. If you have been arrested for a DUI while transporting a minor, speak with a Miami DUI attorney. You could also visit this site

Mallory’s Law was proposed after a young girl named Mallory Homer was killed in a car accident when her parents, both of whom were under the influence, drove her home from a party. Her father, Ronald Homer, was driving at the time and charged with aggravated manslaughter of a child, reckless driving with serious bodily injury and vehicular homicide. He pled guilty and was sentenced to 6 years in a Florida state prison followed by 15 years’ probation.

Advocates of the law claim this punishment is not commensurate to the crime Homer was guilty of and seek to bolster the minimum and maximum penalties for transporting a minor while under the influence and for causing injury or death of a child while driving under the influence.

Under the current criminal statutes, if a passenger is less than 18 years of age at the time of a DUI arrest, a first offense carries with it a fine of at least $1,000 and 9 months in jail. For multiple offenses, the fine would be $4,000 or up to a year in jail.

Under the proposed changes of the Florida Mallory’s Law, if you are found to be guilty of driving under the influence while transporting a minor, you will be forced to attend DUI school as well as parenting classes and advanced driver improvement classes.

You will also be required to perform 100 hours of community service that benefits children, and you will not have the option of paying an additional fee or fine to substitute for your service. Finally, the jail sentence will be doubled, with a minimum of 48 hours for your first offense, and the standard DUI or OUI fines will be doubled as well.

In the event a minor is injured or killed while being transported by a driver who is under the influence, the following additional conditions would apply:


  • Minimum sentence of 45 days, maximum of 7 years, for each injury;
  • Minimum sentence of 8 years, maximum of 15 years, for each fatality;
  • Minimum fines of $10,000 per injured or killed child, with a maximum of $50,000;
  • Required installation and use of an ignition interlock device on any vehicles used by the offending driver; and
  • 200 hours of community service that benefits children with no option of paying fees to substitute service.


Florida Mallory’s Law has not been passed yet, but if you have been arrested for a DUI while transporting a child, contact a Miami DUI attorney who will defend your rights through each step of the process. You do not have to go through this legal process alone, and an attorney can make sure that you receive a fair trial and sentencing.