Child Endangerment

Getting charged with a DUI is serious enough, what most people don’t know is if you are charged with a DUI and there is a child in your car, from a legal perspective it is the same as being charged with two DUI.  They will not merge and they carry individual license suspension.

The most recent Georgia Statute on Child Endangerment is Official Code of Georgia § 40-6-391(l). It reads as follows: “It is a separate offense to transport a child under the age of 14 years while driving under the influence. The sanctions for this offense are as follows: first or second offense (misdemeanor) – imprisonment for not more than 12 months and/or a fine of not more than $1,000; third or subsequent offense (felony) – imprisonment for not less than l year or more than 3 years and/or a fine of not less than $1,000 or more than $5,000. This offense shall not be merged with the offense of driving under the influence of alcohol/drugs, for purposes of prosecution and sentencing.”


If you have had a prior DUI or serious traffic offense, being convicted of DUI and Child Endangerment can quickly lead to you being classified a habitual violator and any future driving, whether sober or not, would lead to a felony prosecution and potential prison sentence.

If you have been arrested for DUI Child Endangerment you need an attorney to resolve the case with minimal impact on your future driving and criminal record.