DUI Driver Now Accused of Child Endangerment After 2018 Crash

A man who was arrested for DUI in Georgia is now facing even more charges after he was found at fault for a 2018 crash involving a motorcycle.

According to his indictment, he is facing charges of:

• Serious Injury by Vehicle in Georgia
• Endangering a Child by DUI in Georgia
• Driving Under the Influence in Georgia
• Open Container in Georgia

Including several minor traffic violations that allegedly led to the crash. He has been accused of driving drunk with his 5-year-old daughter in the vehicle.

As a Georgia DUI Lawyer, I will outline the legal definition of DUI Child Endangerment in today's post.

DUI Child Endangerment in Georgia

DUI Child Endangerment in Georgia is defined in O.C.G.A. §40-6-391 - otherwise known as the DUI Statute in the state of Georgia. The part of the law that focuses on child endangerment is as follows:

A person who violates this Code section while transporting in a motor vehicle a child under the age of 14 years is guilty of the separate offense of endangering a child by driving under the influence of alcohol or drugs. The offense of endangering a child by driving under the influence of alcohol or drugs shall not be merged with the offense of driving under the influence of alcohol or drugs for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child.

The legal result is that for each child that is in a vehicle where a driver has been charged with driving under the influence, there is a subsequent charge of child endangerment. However, most people are unaware that for each DUI child endangerment charge, it legally counts as another DUI charge.

Practice Note

Call our offices today if you have been arrested in the state of Georgia.