A woman has been arrested following a fatal accident in Madison County.
According to reports, the woman was driving under the influence when she crashed into a semi-truck after allegedly failing to properly yield.
The accident resulted in the serious injury of her two children and the death of her infant who were all in the vehicle with her.
Another charge that the driver will most likely face is DUI child endangerment along with the charges of vehicular homicide, serious injury by vehicle, and DUI in Georgia.
As a Georgia DUI Lawyer, I will outline the law behind the criminal offense 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.
Call our offices now to speak to a lawyer who specializes in DUI Law.