More than half the states in the United States have enacted statutes regarding child endangerment while driving under the influence of drugs or alcohol. Child endangerment is a widely-used term that encompasses a group of laws which enhance existing penalties for an offender who endangers a minor. This can include any act which places the minor's physical, moral or mental well-being in some sort of jeopardy. Therefore, if you are transporting a minor in your vehicle at the time you are arrested for DUI, you could be charged with child endangerment as well. While we would all agree that no one should be driving while intoxicated, much less with children in the vehicle, if you are presently facing these charges, you are entitled to a skilled defense.
Penalties
The penalties faced for child endangerment with DUI can vary depending on the age of the minor passenger, the age of of the driver, the severity of the passenger's injuries, the legal jurisdiction and any prior DUI's. The penalties can be quite severe as, in addition to the penalties for the DUI-- jail time, community service, fines from $500-$10,000 or suspension of driver's license-- you may also be subject to possible seizure of your vehicle, mandatory attendance at a drug and alcohol program, or revocation of your driver's license.
Habitual Offender Laws
If you are convicted of DUI and child endangerment in a state like Georgia, you will be classified as a "habitual offender," even if you have no prior criminal records. In other states a year of jail time can be added to the sentence for individuals who have more than one child in the vehicle when arrested and some states will bring an extra DUI charge against you for each child in the vehicle at the time of your arrest. Thus if you are driving while under the influence with your four children in the car you could find yourself facing four DUI convictions and very harsh penalties. Furthermore, if you happen to be in the middle of a child custody case, charges such as these can cause huge problems, and Child Protective Services may even get involved, bringing your parenting abilities under close scrutiny.
Always Talk to a Lawyer
If you've been arrested for DUI with a child or children in the vehicle with you, it is highly likely you will be charged with child endangerment as well. DUI and child endangerment cases can be tough to defend, and are a very serious matter. If you've made this major error in judgement and have charges such as these pending, you require the immediate assistance of a highly skilled and experienced DUI defense lawyer who understands your rights and will defend you aggressively.
