What is DUI Child Endangerment?
When a driver is under the influence and has children under the age of 14 in the vehicle with them, he can be charged with DUI Child Endangerment. O.G.C.A. § 40-6-391(l). This charge can be a misdemeanor or a felony. The first and second convictions for DUI Child Endangerment are misdemeanors. The third is a felony. There is no time limit on the convictions. For a misdemeanor DUI Child Endangerment, a defendant is looking at a fine of up to $1000 (plus fees and surcharges) and jail time of up to one year. For a felony charge, it could be a fine of $1000-$5000 and a prison sentence of 1 year to 3 years. O.G.C.A. § 16-12-1(d)(2).
Is this just for DUI Alcohol cases or does it apply to DUI Drugs?
You can be charged with DUI Child Endangerment in all types of DUI cases.
I'm already charged with DUI, why am I charged with DUI Child Endangerment also?
DUI Child Endangerment is a separate charge and offense from DUI. You may be charged with one count of DUI Child Endangerment for each child that was in the car.
Does this affect sentencing?
These charges do not merge, meaning they are separate and distinct, and you can be found guilty and sentenced to both the underlying DUI and each could of the DUI Child Endangerment. This also means that depending on how many children you had in the car, you could be charged with a felony even if it was your first DUI.
For a misdemeanor DUI Child Endangerment, a defendant is looking at a fine of up to $1000 (plus fees and surcharges) and jail time of up to one year. For a felony charge, it could be a fine of $1000-$5000 and a prison sentence of 1 year to 3 years. O.G.C.A. § 16-12-1(d)(2).
Do I need an attorney? Why should I hire Bray Law?
DUI Child Endangerment cases pose different challenges than just DUI cases that do not involve children. There are more risks, including stiffer penalties. Possibly more jail time, more license suspension, more fines, and even a felony charge.
Additionally, juries do not like DUI Child Endangerment cases. Anything dealing with children does not go over well to a jury, even if you are innocent. Because of that, you need an attorney that is effective at getting cases dismissed or reduced through the motions process and excellent at negotiating the the state.
In the event your case need to go to trial, you need an experienced attorney that can effectively argue to a jury so they won't just assume you are guilty because there were children in the car.
Bridgett Bray has the experience you need when you are charged with DUI Child Endangerment. Contact Bray Law now to schedule your Free Consultation.