DUI with a Minor Passenger in Connecticut – CGS § 14-227m

What Is DUI with a Minor Passenger in Connecticut?

Facing a DUI charge is stressful enough. When a child is in the car, the fear and guilt can feel overwhelming. Many of my clients in these situations are not criminals — they are parents who love their children deeply. Often, they are people struggling with alcohol use or who simply made a lapse in judgment.

Connecticut takes these cases very seriously. Under CGS § 14-227m, driving under the influence with a passenger under 18 is a crime with a mandatory minimum jail sentence of 30 days. In other situations, police and prosecutors may use the older combination of DUI under § 14-227a with Risk of Injury to a Minor under § 53-21, which can lead to felony exposure.

The good news is that in many cases, there are still ways to avoid a conviction or jail. The Impaired Driver Intervention Program (IDIP) is often the preferred path under § 14-227m, because if a judge grants it, you can complete treatment and counseling instead of serving jail time. Likewise, the AR program may be available for the risk of injury charge in the right circumstances.

At Allan F. Friedman Criminal Lawyer, I understand that good people sometimes make mistakes. My job is to protect you, your family, and your future, and to guide you toward the best possible outcome.

How Connecticut Law Treats DUI With a Minor Passenger

• CGS § 14-227m: The newer, specific law covering DUI with a minor passenger. It requires mandatory minimum jail time if convicted. An arrest or conviction under § 14-227m will also trigger a DCF investigation.
• CGS § 14-227a + CGS § 53-21: The older charging method, where prosecutors file a DUI and add felony Risk of Injury to a Minor, which carries up to 10 years in prison. An arrest under this structure with a child in the car will also be reported to DCF.
• Officer discretion: Police and prosecutors sometimes choose § 14-227m, and sometimes they still stack § 14-227a with § 53-21. Either way, DCF involvement is almost automatic whenever a child is present during a DUI arrest.

Real-Life Examples

• Parent driving home: A mother drives home after a party with her 12-year-old in the back seat. The officer charges her under § 14-227m, exposing her to mandatory jail.
• Stacked charges: A father is pulled over with a .09 BAC and his 10-year-old in the car. Instead of § 14-227m, police charge him with § 14-227a DUI plus § 53-21 Risk of Injury, creating felony exposure.

Penalties and Consequences§ 14-227m Conviction:

• Mandatory minimum of 30 days in jail
• License suspension and ignition interlock device
• Criminal record that cannot be erased with diversion programs if denied

§ 53-21 Risk of Injury Felony (If Charged Instead or in Addition):

• Class C felony, up to 10 years in prison
• Likely referral to the Department of Children and Families (DCF)
• Potential impact on custody and parental rights

Defenses to DUI With a Minor Passenger

These cases are among the most serious DUI-related charges, but there are still defense strategies and options depending on the facts.

• Challenging the stop: If the police did not have a lawful reason to stop your vehicle, the case can be dismissed.
• Attacking the BAC evidence: Breath or blood tests are not always accurate and can be successfully challenged.
• Diversion Programs:
  • DUI charge under § 14-227a → often eligible for the Impaired Driver Intervention Program (IDIP).
  • Risk of Injury to a Minor charge under § 53-21 → sometimes eligible for the Accelerated Rehabilitation (AR) Program, if the facts are not extreme.
• Limits of programs:In aggravated cases — such as accidents where children are seriously injured — diversionary programs are generally not available.
• Why § 14-227m is riskier: If charged under § 14-227m, mandatory jail time applies. If IDIP is denied, jail cannot be avoided.
• Why defense lawyers prefer the old charging structure: When possible, it allows for greater flexibility with diversionary programs.
• Managing DCF investigations: Any DUI with a minor passenger almost always leads to a DCF referral. A defense lawyer must not only fight the criminal case but also guide you through DCF to protect your parental rights.

Frequently Asked Questions1. Can I Really Be Charged With a Felony Just for Having My Child in the Car?

Yes. Prosecutors may add a felony Risk of Injury to a Minor charge under § 53-21, or they may use the specific DUI with a minor statute under § 14-227m. But being charged does not mean you will be convicted — strong defenses and programs may apply.

2. Does This Mean I’m a Bad Parent?

No. Most of the parents I represent are caring people who made a mistake or struggle with alcohol use. The law is harsh, but that doesn’t erase the fact that you are still a parent who loves your child.

3. Will DCF Get Involved?

Yes. Anytime a DUI arrest involves a child in the car, police almost always refer the case to DCF. With strong legal guidance, many clients resolve these investigations without losing custody or parental rights.

4. Can I Avoid Jail Time?

It depends. Under § 14-227m, jail is mandatory if convicted. Under § 14-227a + § 53-21, diversionary programs like IDIP and AR may be possible.

5. Will This Affect My Divorce or Custody Case?

It can. Opposing parties in family court may try to use it against you. A strong defense can minimize those consequences, and I often coordinate with family lawyers.

6. What if It Was Just One Bad Night and I’ve Never Been in Trouble Before?

A clean record helps. Judges do take history into account, and diversionary programs may be available for first-time offenders.

7. What Should I Do Right Now?

Don’t panic and don’t go it alone. Call an experienced defense lawyer right away. I’ll explain your options and start building your defense immediately.

8. Can I Get Into a Diversionary Program if I’m Charged With DUI With a Minor in The Car?

It depends. Under § 14-227m, the preferred program is IDIP. If granted, you can avoid a conviction and jail time. Under § 14-227a + § 53-21, sometimes IDIP and AR can both apply in less aggravated cases.

Call Allan F. Friedman Criminal Lawyer Today

A charge under § 14-227m DUI with a minor passenger is one of the toughest DUI-related cases in Connecticut. It carries mandatory jail, possible felony exposure, and risks to your family and reputation.

For more than 30 years, I have defended clients in Stamford, Norwalk, Greenwich, Bridgeport, and across Connecticut against these life-changing charges. I understand what you are going through, and I know how to fight back.

📞 Call Allan F. Friedman, Criminal Lawyer today at (203) 357-5555 for a free consultation or use this contact page. Don’t face this charge alone — your future and your family are too important.

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