DUI With a Child Passenger in Georgia: How One Arrest Can Become Multiple Charges

While being arrested for DUI in Georgia is a very serious matter in itself, things can turn even more serious if a child is present in the car. Drivers who have been found guilty of driving under the influence and transporting a child could be facing criminal charges other than DUI alone. These kinds of cases usually hold special significance in Cobb County and across Georgia in general.

Georgia’s child endangerment law

In Georgia, an individual who is arrested for DUI can also face child endangerment charges if a child under 14 years of age was in the car at the time they were arrested.

Notably, there is no requirement that the child was harmed. It is sufficient for the prosecutor to allege this to bring additional charges. In most cases, each child in the car results in a different child endangerment charge. A driver facing DUI charges who had two children in the car during the incident can thus face several other charges in addition to the DUI.

Potential penalties for DUI with a child passenger

If the case involves a minor passenger in the vehicle, it can have serious implications for the offender. Penalties could involve:

• Imprisonment
• Higher fines
• Longer probation
• Mandatory counseling or rehabilitation programs
• Suspension of driver’s license
• Community service

Prosecutors may be more vigorous in seeking harsher sentences since accusations of child endangerment often receive more attention from the general public.

The convicted individual may experience future ramifications that could impact their career and personal life.

Possible DCFS involvement

One thing that many folks do not expect is the possible inclusion of the Georgia Division of Family and Children Services (DFCS). In cases where a child is present during a DUI stop, police officers might inform DFCS if there is reason to believe that the child was put at risk by their parent. There could be further investigations into the family unit or their living arrangements because of a DUI charge with a minor in the vehicle.

Even without any incidents taking place, parents can end up facing both legal and DFCS issues simultaneously.

Evidence commonly used in these cases

In most cases, prosecutors use several pieces of evidence, such as:

• Observations made by police officers
• Dash cam or body camera video
• Results from chemical testing
• Testimony provided during the traffic stop
• Evidence from witnesses
• Photos or videos taken at the scene

Since emotional aspects usually play a role in such cases, the prosecution may try to paint the accused in a particularly bad light before a judge or jury.

Defending against DUI with child endangerment charges

Having an additional charge of child endangerment can complicate your defense. Your Cobb County DUI defense lawyer could check the legality of the traffic stop, whether proper procedures were followed regarding chemical testing, and whether there is enough evidence to show impairment beyond a reasonable doubt.

Talk to a Roswell, GA, DUI Lawyer Today

Andrew L. Schwartz represents the interests of those charged with various DUI offenses in Georgia. Call our Cobb County DUI lawyers today to schedule an appointment, and we can begin discussing your options right away.