I have been charged with dui (less than .10) and child endangerment. Will I go to jail and should I get a lawyer?

Asked about 3 years ago - Lexington, SC

I was placed on Xanex through my internal medicine doctor for ongoing anxiety and depression. The medicine obviously had a bad reaction in my system because I do not remember what I was doing after taking it. I apparently drove my car with my four yr old daughter with me and got into a car accident. I called 911 and because of that my daughter was placed with DSS and I was sent to jail charged with DUI and child endangerment. What, if anything, can I do to stay out of jail, but also get cleared of these charges? I was not drinking alcohol, doing illigeal drugs, anything of that matter. Do I have a case to defend? If so, what should the next step I take?

Attorney answers (3)

  1. Daniel Albert Selwa II

    Contributor Level 12

    1

    Lawyer agrees

    Answered . In order to convict you on the child endangerment, they need to have found you guilty of the DUI. So, I would be cautious about how you handle the DUI. You are probably facing DSS abuse and neglect charges as well. You definitely need an attorney. If you cannot afford one, you can have one appointed in the DSS matter. You will not be able to get a public defender for your DUI. I am not sure whether they take child endangerment charges either. These are very serious charges. You need to have your attorney contact your doctor and determine what happened. It may have been a situation where the doctor messed up. Nevertheless, it is important that you hire an attorney on this at once.

  2. Steve Wayne Sumner

    Contributor Level 11

    Answered . You should hire an attorney as soon as possible as these are very serious charges. Your attorney will be able to tell you what your next step should be. I wish you the best in this situation.

    I am an attorney licensed to practice in the state of South Carolina. However, I am not your attorney and you are... more
  3. Stephanie Marie Burton

    Contributor Level 9

    Answered . Thank you for contacting the law office of Stephanie M. Burton, LLC. It is imperative that you contact a lawyer to defend you in this action. Aside from losing your freedom from being placed in jail, you also stand at risk of losing your driving privileges and most importantly your child. An experienced attorney may be able to get the charges amended and depending on the totality of the circumstance may even be able to get them dismissed depending on the law in your area. These are serious offenses that can also impact future employment opportunities and the ability to be a caretaker in any capacity including caring for elderly and/or incapacitated relatives, kinship foster parenting in the event a relative faces the similar charges and wants to have their children in your care vs. traditional foster parent homes, etc.

    Of equal importance, if you were not driving under the influence and the accident was caused by a medical impairment you also want to protect your name and reputation in the community. Lastly, the charges as is can make your insurance premiums unbearable and in some states you will have to register as a sex offender for child endangerment even though it is not a sex crime. (Crazy I know). I hope this helps.

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