A recent story out of Lumpkin County detailed an accident involving an alleged drunk driver and her infant. According to reports, Andrea McMeans and her 2-month old baby were in an accident after McMeans allegedly ran off the road, hit a tree, and crashed into Clay Creek.
Fortunately, no one was injured, however, arrested warrants were obtained for McMeans for DUI in Georgia, DUI Child Endangerment, and Failure to Maintain Lane.
As a Georgia DUI Lawyer, I will outline the offense of child endangerment in today's post.
DUI Child Endangerment in Georgia
DUI Child Endangerment in Georgia is defined by the Georgia Code as:
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.
So to break this down, let's look at an example. Vehicle A is a minivan with 3 children under the age of 14 in the vehicle. The driver and parent of Vehicle A is pulled over for failure to maintain lane in Georgia. The driver is arrested for DUI in Georgia. According to Georgia law, this will lead to the driver being charged with what would equal four separate DUI offenses. In Georgia, a fourth DUI offense will automatically elevate the case to a felony DUI in Georgia. Aside from the unpleasant risk of being listed as a convicted felon indefinitely, the driver will face multiple years of driver's license suspension and potentially lengthy prison time.
If you or a loved one has been arrested for DUI and Georgia DUI Child Endangerment, contact us today. You need immediate legal attention. A Georgia DUI Attorney can help limit the consequences of DUI.