Georgia law is very serious about maintaining the protection of children. Georgia DUIs are treated very seriously – the offense is heightened even more when there's a child involved. The prosecution and even the judge will look strictly upon accused DUI drivers when a child is involved in the case, which may lead to aggravated and exacerbated Georgia DUI Penalties.
This topic is a very sensitive subject. It falls into the category of charges where the title of the offense itself describes the sensitive nature of the charge. Most people and general practitioners do not understand the intricacies that go along with DUI Child Endangerment and what exactly sets it apart from other criminal charges in Georgia.
In O.C.G.A. §40-6-391, the Georgia Code sets a separate provision for the endangerment of a child if someone is charged with DUI while a child is present in the vehicle.
The law indicates that for each child in the vehicle with a DUI driver, there will be an additional DUI charge. It doesn't matter if you have a spotless record. If there are children in the vehicle and you are charged with DUI, you may face multiple DUI charges for technically one DUI offense.
If “A” is pulled over and charged with DUI with three children in the car, then “A” will be charged with four separate DUI offenses. A fourth DUI in the state of Georgia automatically elevates to a Felony DUI in Georgia. This greatly heightens the penalties if convicted of all four charges. It means that not only would “A” be a convicted felon but will also face years of driver's license suspension and prison time.
This is what seriously sets DUI Child Endangerment apart from other offenses. Our office has over 50 years of combined experience, and we know how to apply the proper Georgia DUI Defenses to a case like this. The State of Georgia must find the accused person guilty of the underlying and original DUI charge before finding that he or she endangered a child.
Georgia is already extremely strict on DUIs and adding a child into a situation where there is a driver under the influence of drugs or alcohol furthers the severity.
As I mentioned earlier, if you or a loved one has been charged with DUI Child Endangerment, do not hesitate to get the representation you need for your case. We will work hard to get you the results that you need. Contact us today.