Missing Charges On A Dui Case

Location: Kentucky

My wife who I am currently filing divorce with, was arrested for DUI after picking up our children drunk and getting into a car accident. Children are safe car totaled . A mutual friend has to come out and pick up the children from the accident site and take them to her house where I went and picked them up as we are not living together. She said the cop was asking the children questions like name, age, date of birth etc

The police statement says NOTHING about the children being in the car but does state “she kept saying she’s just trying to get her kids home” and the rest of the report you can tell she was very intoxicated. Refused breathalyzer, admiting to drinking struggling with field sobriety test, booked for only DUI and failure to show proof of insurance and taken to jail where she blew a .08 hours later.

I need to protect my children, these types of things have been happening for years, which is why I’m divorcing, and her luck finally ran out and everyone would have thought there would have been child engagement charges but there wasn’t. She was arraigned this week it was basically treated as a typical first time dui offense. License suspended until she gets the breathing tube installed into a car then she can get a temp license until next court date.

How in the world do I advocate for my kids and get charges added to a case or at a minimum make sure my children are represented in the eyes of the law because I feel the officer was throwing her a bone but in reality justice failed my kids and she again is getting massively lucky and won’t learn a damn thing about her actions. My divorce attorney hasn’t answered my questions on what I can do to make sure my kids are represented in the eyes of the law, this is all very fresh.