Georgia DUI Child Endangerment – One DUI per Child

By: Atlanta Criminal Defense Attorney William C. “Bubba” Head

Endangering a Child While Driving Under the Influence – Georgia

A person who is convicted of or pleads nolo contendere to an offense under OCGA §40-6-391(a) while transporting a child in a motor vehicle under the age of 14 years is guilty of the separate offense of Georgia DUI child endangerment, or endangering a child by driving under the influence of alcohol or drugs.

The offense of endangering a child by driving under the influence of alcohol or drugs shall not be merged with the offense of driving under the influence of alcohol or drugs for the purposes of prosecution and sentencing. An offender who is convicted of this violation shall be punished in accordance with the provisions of subsection (d) of O.C.G.A. §16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child.

Applicable Georgia DUI law: OCGA §40-6-391(l)

Contributing to delinquency, unruliness, or deprivation of a minor – Georgia
[Definitions and other provisions related to other endangerment offenses omitted]

(d) A person convicted pursuant to paragraph (1) or (2) of subsection (b) of this Code section shall be punished as follows:

(1) Upon conviction of the first or second offense, the defendant shall be guilty of a misdemeanor and shall be fined not more than $1,000.00 or shall be imprisoned for not more than 12 months, or both fined and imprisoned; and

(2) Upon the conviction of the third or subsequent offense, the defendant shall be guilty of a felony and shall be fined not less than $1,000 nor more than $5,000, or shall be imprisoned for not less than one year nor more than three years, or both fined and imprisoned.

Applicable Georgia Child Endangerment Law: OCGA § 16-12-1