DUI and Child Endangerment in Georgia: What You Need to Know

In Georgia, DUI is a serious offense, but when it involves a child passenger, the consequences are even more severe. DUI and child endangerment charges are treated with utmost seriousness, and anyone found guilty of these offenses can face significant legal and personal consequences. If you or someone you know is facing these charges, it’s essential to understand the laws, the potential penalties, and the options for defending yourself.

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What is DUI in Georgia?

In Georgia, DUI, or driving under the influence, refers to operating a motor vehicle while impaired by alcohol or drugs. The legal limit for blood alcohol concentration (BAC) is 0.08%, but DUI laws also apply if a person is under the influence of any drugs, including prescription medication or illegal substances. Georgia law treats DUI offenses as serious crimes, and penalties can include fines, license suspension, and even imprisonment.

However, the situation becomes much more complicated when a child is present in the vehicle. A DUI charge involving a child passenger is classified as child endangerment and carries harsher penalties than a standard DUI offense.

Child Endangerment with DUI Charges

Child endangerment refers to any act that puts a child’s health or safety at risk. When a driver is arrested for DUI with a child passenger in the vehicle, they are also charged with child endangerment. This charge applies if the child is under 14 years old and is in the vehicle at the time of the DUI arrest. The penalties for child endangerment are severe because it is considered especially reckless to drive impaired with a vulnerable child in the car.

In Georgia, DUI and child endangerment are treated as separate charges, meaning that a person can face penalties for both offenses. The severity of the consequences increases significantly when a child is involved. Not only does the person face DUI penalties, but they also face the potential of losing custody or visitation rights to their child.

Greg Willis has been successful at defending DUI cases (over 93.1% without a conviction)

He's the only lawyer in the State of Georgia to ever be recognized for all three of these accomplishments.

Received the Samurai Lawyer Award for having gone to jail for a total of 4 days in order to save his own client

Received the BadAss Lawyer Award for the biggest impact of all DUI lawyers in DUI defense in the country

Received the vote of Georgia Lawyers as a Superlawyer in DUI Law for 10 straight consecutive years

 

The Legal Penalties for DUI and Child Endangerment in Georgia

The penalties for DUI in Georgia are significant on their own. A first offense can result in fines, mandatory community service, and probation. The second or subsequent offenses come with harsher consequences, including longer license suspensions, higher fines, and possible jail time.

However, when child endangerment is added to the charge, the penalties become even more severe. If convicted of DUI and child endangerment, the driver may face the following:

• A mandatory minimum sentence of at least 24 hours in jail. 
• Up to 12 months of probation. 
• Significant fines. 
• A longer license suspension. 
• A mandatory parenting class. 
• The possibility of losing custody or visitation rights. 

These penalties are designed to reflect the seriousness with which Georgia law treats impaired driving with a child in the vehicle. A DUI arrest involving a child is considered especially dangerous, and the legal system responds with stricter consequences.

Defending Against DUI and Child Endangerment Charges

If you are facing DUI and child endangerment charges, it is crucial to have an experienced attorney on your side. Defending against these charges is not simple, but there are various strategies that can be employed to challenge the charges. Some common defense strategies include:

• Challenging the DUI stop: If the police officer did not have reasonable suspicion to pull you over or probable cause for the DUI arrest, the case may be dismissed. Your attorney can argue that the stop was unlawful. 
• Disputing the field sobriety test results: Field sobriety tests are subjective and can be affected by various factors, including fatigue, medical conditions, and weather conditions. If the tests were administered improperly, they may not be valid evidence. 
• Questioning the accuracy of the breathalyzer or blood test: Breathalyzer and blood tests are not foolproof. If there were issues with the equipment or procedures, the test results may be inaccurate or unreliable. 
• Challenging the child endangerment charge: In some cases, the attorney can argue that the child was not at risk or that the child was safely secured in the vehicle. However, this is a difficult defense to prove and may not be applicable in all cases. 

It is essential to discuss the specifics of your case with an attorney who specializes in DUI defense. They can help assess the evidence, identify possible weaknesses in the prosecution’s case, and develop a strategy that works in your favor.

Greg has truly mastered his craft. His preparation is second to none and his confidence helps reduce the nervousness and anxiety his clients face. He is a real life version of Harvey Specter and I highly recommend him.”

- Travis

Greg and his team are absolutely incredible. Greg explained everything to me in detail, as this is the first ever time I have been arrested. Regular updates throughout the process which allowed me to get on with everyday life. 200% I would recommend Greg and his team to anyone with a DUI case."

- James Hellens

Mr Willis is the best in the business. He knows the law inside and out. I was in a serious jam and Greg got my dui reduced to a reckless driving. This man will fight for you every step of the way."

- Anonymous

Impact on Your Family and Your Future

Beyond the legal consequences, a DUI and child endangerment conviction can have long-lasting effects on your family and personal life. If you are convicted, you may face a strained relationship with your child. In some cases, the court may mandate family counseling or parenting classes to address the issues raised by the DUI charge.

Moreover, a DUI conviction can have far-reaching consequences on your career and financial stability. You may be required to attend alcohol or drug counseling, which can be both time-consuming and expensive. Your ability to travel may also be restricted due to a revoked driver’s license, which can affect your ability to commute to work or take care of family responsibilities.

Additionally, there may be emotional consequences. If the child endangerment charge results in the loss of parental rights or visitation privileges, it can cause long-term emotional damage to both you and your child. Rebuilding your relationship with your child can be a long and challenging process.

What to Do if You Are Arrested for DUI and Child Endangerment in Georgia

If you are arrested for DUI and child endangerment in Georgia, the first step is to contact a qualified DUI defense lawyer immediately. Time is of the essence, as the legal process moves quickly, and you need to start building your defense right away.

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It’s important to remember that you have rights. Even if you are arrested and charged, you are entitled to a fair trial, and you have the right to challenge the evidence against you. With the help of an experienced attorney, you can navigate the complex legal system and work toward the best possible outcome for your case.

In some situations, it may be possible to negotiate a plea deal or reduce the charges, especially if this is your first offense or if there are mitigating factors in your case. A skilled attorney will work to ensure that your rights are protected and that you receive the best possible defense.

Facing DUI and child endangerment charges in Georgia is a serious matter that requires immediate attention. The legal penalties are severe, and the emotional toll can be significant. If you find yourself in this situation, it is crucial to act quickly and seek professional legal assistance. The consequences of these charges can affect your life, your family, and your future, so it’s important to ensure you have an experienced DUI defense lawyer to help guide you through the legal process.

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At Willis Law Firm, we understand how overwhelming these charges can be. Our team is dedicated to providing compassionate and skilled legal representation to those facing DUI and child endangerment charges. Contact us today for a free consultation to discuss your case and explore your legal options.