DUI Child Endangerment Attorney
in Morgan County, Georgia

The first and second prosecution for DUI child endangerment can be treated as misdemeanors. However, a third charge will most likely be prosecuted as a felony. If there are two children under the age of 14 in the vehicle at the time of arrest, the prosecution can proceed with felony charges. DUI, and child endangerment are treated as separate offenses, and a separate charge of child endangerment can be brought for each underage child. Therefore, a single arrest can result in both felony charges, and being labeled as a habitual violator.

Your livelihood is in jeopardy if your job brings you into regular contact with children. If you are a teacher, coach, or day care provider, a conviction might mean the loss of your job, and even prevent future employment. As a criminal conviction, DUI child endangerment requires disclosure on many applications: employment, education, financial aid, mortgage, lease, and professional licensing. Your future can be gravely affected.

If your job requires that you drive—e.g., truck driver, Uber or Lyft driver, employees who use company or fleet vehicles, salespeople, real estate agents, or bus drivers—you will possibly lose your ability to drive, and pursue your livelihood.

If you are involved in a divorce action, a conviction for DUI child endangerment might mean loss of custody of your children, and only supervised visitation.

To emphasize the seriousness of these charges, Georgia insists that the DUI, and child endangerment charges remain separate. Therefore, a conviction for a first offense on either charge might mean a jail term of up to 12 months, and a fine of up to $1,000. However, because the charges cannot be merged, even though prosecuted only as misdemeanors, the penalties will be compounded: up to 24 months in jail with a fine of up to $2,000.

Georgia’s Implied Consent law requires you to submit to state-administered chemical tests of your blood, breath, urine, or other bodily substances in order to determine you are indeed intoxicated by alcohol, drugs, or a combination. Police officers must read the Implied Consent Warning when arresting an individual being arrested for DUI refusal. An officer’s failure to properly read the Implied Consent warning can result in dismissal of a DUI case.

No, a criminal conviction for felony DUI child endangerment will never come off your criminal records. However, a DUI license suspension will age off your driving history after 7 years. Police, and the courts will always have access to your lifetime driving record, so a license suspension resulting from a felony DUI will still be considered by the court in determining any future sentencing for subsequent violations.

If police suspect you are DUI because of taking drugs, or a combination of drugs, and alcohol, they will ask for either a urine or blood sample at the police station.

Urine tests do not reveal the quantity of controlled substances in your system, only whether specific substances are present. Urine tests can measure the percentage of ethylene glycol in your system, but the test is not fully reliable. Blood tests reveal the quantity of controlled substances in your system as well as alcohol. Blood tests are considered the most reliable chemical testing option. However, blood draws need to be performed by trained professionals, which makes them less available at police stations.

Yes, if you have more than one underage child in the car with you, depending on the type of driving witnessed by police, and your blood alcohol and/or drug tests, you can be charged with felony DUI child endangerment, and it will be considered a third DUI violation in a 5-year period. A conviction can result in being labeled a habitual violator.

A habitual violator is a status. Your license can be revoked for 5 years. If you drive without a license, additional criminal charges, and penalties are likely.

You might be eligible for a probationary license within 2 years., and that probationary license can be valid for the rest of the 5-year period. To get a temporary license, a habitual violator must establish:

• A refusal of the temporary license request would cause you extreme hardship, including preventing you from going to work, attending school, etc.
• You have completed any driving or alcohol/drug programs included in any sentencing.
• You cannot have been convicted or plead nolo contendere to certain types of offenses.
• You must submit proof of insurance.
• You must submit a sworn affidavit that states you do not use illegal substances, and do not use alcohol in excess. § 40-5-58(e)(1).

A probationary license allows a habitual violator to drive again, but there may be restrictions placed on the license that limit where you can go.

Although a conviction for DUI child endangerment does not mean automatic loss of custody, it can impact any divorce or custody case. The judge will consider an arrest or conviction as evidence of your ability to safely care for your children. Guided by your divorce lawyer, the judge will consider:

• The circumstances of the DUI arrest, and conviction
• Whether any harm resulted from the DUI
• Your overall criminal record
• Whether there is a pattern of intoxicated conduct
• Whether there is evidence of alcoholism and/or drug abuse
• How long ago the DUI was in relation to the current custody case

It’s not a lost cause, but another reason why you should secure the services of a skilled, and competent DUI child endangerment defense lawyer to represent you against criminal charges.