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Child Endangerment DUI

Atlanta DUI Lawyers | Georgia DUI Law

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What is a Georgia Child Endangerment DUI?

Georgia Child Endangerment Statue – O.C.G.A. 40-6-391(l):

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.

A Child Endangerment DUI is basically an additional charge added to any person who drives under the influence while transporting minors under the age of 14. It will generally result in additional jail time and each child represents a separate DUI for purposes of license suspension. Therefore, if you have never been convicted of DUI and are arrested, charged and convicted of a DUI with two child endangerment DUI offenses, the result would be a five year license suspension for receiving 3 DUI convictions in a 5 year period, or Habitual Violator status, which results in a felony prosecution with up to five years in state prison if you are caught driving.

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