Driving under the influence (DUI) is a criminal charge because a drunk driver not only endangers themselves but also other drivers, pedestrians and even their passengers. It’s cruel enough to put the lives of innocent passengers in the hands of an inebriated motorist, but more so if the passengers are children.
This is why Georgia can charge drivers separately for driving drunk with a child passenger onboard. This offense carries heavy penalties for anyone convicted.
State law on DUI with a child passenger
Anyone who violates Georgia’s DUI law while transporting a child under 14 is guilty of endangering a child by driving under the influence. This offense is an additional charge and is handled in court separately from a DUI offense, which means the results of one hearing will not influence the other.
Penalties
If a court convicts a driver of endangering a child by DUI, the penalties depend on whether the child was injured or killed at the time of the charge. The penalties also increase for repeat offenders.
The penalties are:
- First offense, child not seriously injured or dead: A misdemeanor conviction that carries a maximum $1,000 fine and up to 12 months in prison.
- Second offense, child not seriously injured or dead: This is a highly aggravated misdemeanor. On conviction, the driver faces a maximum $5,000 fine and up to a year in prison.
- Third or subsequent offense, child not seriously injured or dead: The court will convict the driver of a felony, which carries a maximum $10,000 fine and up to five years in prison.
- The child suffered serious injury or death: Regardless of whether this is a driver’s first or third offense, if their DUI led to a child passenger’s serious injury or death, a court can convict them of a felony. For a first offense resulting in the death of a child passenger, the driver faces a maximum prison sentence of 10 years. For a subsequent offense, that maximum prison sentence goes up to 20 years.
These penalties are handed out separately from those a driver might face for a DUI conviction.
DUIs can lead to harsh punishments, but driving drunk with a child passenger is an offense the state can’t overlook. You might need legal counsel if you face charges of child endangerment.
