What Constitutes DUI Child Endangerment in Georgia?

Posted by Richard Lawson | Jun 18, 2018 | 0 Comments

Georgia DUI Child Endangerment is very different from other Georgia DUI Related Offenses.

DUI Laws in Georgia are very strict. In fact, Georgia has some of the strictest DUI Laws in the country. This state is also very strict on the treatment and safety of children with good reason. Children fall into the category of protected individuals as a result of their inability to protect and defend themselves adequately.

This particular offense examines situations where a child is in the care of a driver who is under the influence of drugs or alcohol. Therefore, the topic of this offense is a very sensitive subject.

As I stated above, Georgia Law is very strict about maintaining both the safety and protection of children. And as I've stated in all of my posts, Georgia DUIs are treated very seriously – so, 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 will increase the potential Georgia DUI Penalties.

In O.C.G.A. §40-6-391, Georgia Law lays out a separate provision for the endangerment of a child if someone is charged with DUI while a child is present in the vehicle.

The statute above indicates that for each child in the vehicle with an alleged DUI driver, there will be an additional DUI charge. Meaning you will face multiple DUIs for one technical instance of DUI.

In order to be convicted, 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. This means that if a Georgia DUI Lawyercan successfully defend the underlying DUI, then the remaining charges will be dropped.

Practice Note:

Let's examine a hypothetical example.

“Driver” is pulled over for a basic traffic violation. The officer smells alcohol or the basic traffic violation gives the officer probable cause to initiate a DUI investigation. As a result, “Driver” is arrested for DUI. “Driver” has three children in the car. Subsequently, “Driver” is charged with three more DUI offenses – making a total of four DUI offenses.

This is important because a fourth Georgia DUIautomatically elevates to a Felony DUI in Georgia.This greatly heightens the penalties if convicted of all four charges. It means that “Driver” will be not only a convicted felon but will also face years of driver's license suspension and prison time.

If you or a loved one has been charged with a DUI in Georgiaand your case involves 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 a Georgia DUI Attorneytoday.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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