DUI - Child Endangerment

If you're facing DUI child endangerment charges in Georgia, it's important to understand the serious consequences of your actions. According to subsection (l) of the Official Code of Georgia Annotated (O.C.G.A) Section 40-6-391, if an individual drives or is in actual physical control of any moving vehicle while under the influence and has a minor passenger under 14 years old, that person can be guilty of endangering his or her child’s safety and life. It does not matter if the person is driving under the influence of alcohol or drugs or both. This violation comes with harsh legal punishments including jail time and hefty fines - making it essential to have informed counsel if you decide to fight the charges. Read on for more information regarding DUI child endangerment laws in Georgia so that you can make informed decisions about your criminal case when it goes before court.

Overview of DUI Law in Georgia - Laws and Penalties

The state of Georgia has severe DUI Laws and penalties, taking it one step further when there are also child endangerment charges involved. Driving Under the Influence (DUI) is already a serious criminal offense in the state, punishable by jail time as well as hefty fines, other requirements, and license suspension. If a minor under 14 is present in the car while you are found DUI, then you will be facing DUI Child Endangerment charges, which, if convicted, count as a separate DUI for each child in the car, and you cannot merge the charges. It is important to remain aware of these laws to ensure that you do not risk your safety or the safety of any minors present with you. When in doubt - call a sober friend or a ride/taxi service for you and any minors with you.

Understanding the DUI Child Endangerment Charge

Understanding the complexities of child endangerment charges related to DUI laws can be daunting for anyone. In the state of Georgia, a person charged with DUI child endangerment is facing at least two DUI charges on their record - one for the initial DUI (whether alcohol or drugs) and then one additional for each child under the age of 14 that was in the car with the driver when they got pulled over for the initial DUI. These serious charges come with hefty penalties such as expensive fines, jail time and restrictions on driving privileges, making it critical to understand all aspects of the law before entering into legal proceedings. An experienced lawyer can help explain the applicable laws and guide defendants through their case, mitigating harsh sentences whenever possible.

Potential Consequences of a DUI Child Endangerment Conviction

A DUI conviction for child endangerment in the state of Georgia can have severe consequences. Let's take a look at Sharon, who was pulled over for a DUI when she had her 10 year old son, Sean, in the car, to see how severe these consequences are. We'll assume this is Sharon's first ever DUI.

If Sharon is convicted of the underlying DUI, she would also be convicted of the DUI child endangerment for Sean being in the car while she was driving intoxicated. This means that, instead of facing the penalties for a first lifetime DUI, she now faces the penalties for having two DUIs in 10 years. These include:

Jail time of at least 72 hours and up to 12 months. More likely, it will be several weeks, since judges do not like to see kids in cars with drunk or impaired parents.
Fines of at least $600 and up to $1,000.
Probation for at least 12 months, minus any jail time. However, if the facts of the case are particularly bad, the two DUI probation times could stack - meaning Sharon would be on probation for 24 months (12 months for the first DUI and 12 months for the DUI Child Endangerment charge). Which is a very long time to be on probation.
Complete a clinical evaluation and follow any recommended treatment. Given the nature of Sharon's charges, she will most likely be required to take treatment - however, it is ultimately up to the licensed evaluator.
Random drug and alcohol screens.
At least 30 days worth of community service at an approved non-profit organization.
Completing a Georgia DDS (department of driver services) approved DUI Alcohol or Drug Risk Reduction Program.
License suspension for at least 12 months. If Sharon's DUI was for drugs, it would be 12 months. If her DUI was for alcohol, then her suspension would be for 18 months, however she could apply to get an Ignition Interlock Device (IID) put on her car to get a limited driving permit after serving 120-day hard suspension. She would then have to keep the IID - basically a breathe-to-drive device - on her vehicle for 12 months, including paying for the monitoring service. Once that time period was up, Sharon would need to show the DDS that she successfully completed her Risk Reduction Program, any treatment if her clinical evaluation required it, and pay a reinstatement fee.

Now, if Sharon had been caught driving while impaired with both her 10 year old son Sean and her 6 year old daughter, Julie, in the car, and was later convicted of the DUI and two counts of DUI Child Endangerment, Sharon would be facing a high and aggravated misdemeanor which includes increased fines, jail time, and community service - and she would lose her license for 5 years, as a Habitual Violator. She may even be facing a felony, depending on her record for other prior acts of contributing to the delinquency of a minor.

Additionally, if there is harm brought to a minor while riding with an intoxicated driver, more serious charges may be brought and harsher sentencing may result. If you or someone you know has been charged with DUI child endangerment in Georgia, it is essential to consult an experienced attorney as soon as possible; failing to do so could lead to serious ramifications such as lengthy jail time and permanent damage to your personal and professional record.

Defenses Against a DUI Child Endangerment Charge

When facing DUI child endangerment charges in Georgia, it is important to understand the possible defenses available. Depending on the specific circumstances of each case, an accused individually may be able to invoke certain laws or arguments to help in their defense. Some possible defenses may include challenging the legality of the arrest, insufficient evidence to find guilt beyond a reasonable doubt, showing that the alleged minor was actually 14 years or older at the time of the DUI, and/or disproving that any reasonable risk of harm occurred due to their actions. It is essential that individuals accused of a DUI child endangerment charge seek expert legal counsel who can assess the specific case and use all available defenses for a favorable resolution.

How an Experienced Georgia DUI Lawyer Can Help You Fight a Child Endangerment Charge

Facing a child endangerment charge in Georgia due to a DUI can be a tense situation. Fortunately, having an experienced lawyer on your side might make it easier to navigate the complexities of the law. With their deep knowledge and practice of Georgia's DUI laws, they can comb through the details of your case and identify the best angles for defense. Their expertise could lift a great burden off your shoulders as you find yourself in legal proceedings that are time consuming, costly, and emotionally draining. In short, hiring an experienced Georgia DUI lawyer may be exactly what you need to confront this very serious charge.

You Are Not Alone

All DUI charges, including DUI child endangerment charges, can have lasting consequences for your life. An experienced Georgia DUI lawyer can help you build a successful defense and fight to protect your rights and freedom. While the process of defending yourself against a DUI child endangerment charge can be stressful and unnerving, having an attorney on your side with the expertise and know-how that comes from fighting these types of charges day in and day out can provide invaluable support throughout. It’s important to remember that despite the severity of a DUI Child Endangerment charge, there are still options available to you – so don’t give up hope. Good luck!