The Impact of a DUI With a Minor in the Car on Child Custody

The Impact of a DUI With a Minor in the Car on Child Custody

Children can often be left unsupervised in or around vehicles. Drivers arrested for DUI with children in the car could face both an increased DUI charge and/or child endangerment charges depending on state laws.

An offense like DUI should not automatically disqualify parents from custody proceedings as judges take many factors into consideration when making these determinations. But such convictions can still have significant effects on custody battles.

Child Endangerment Charges

Individuals convicted of DUI with children in the vehicle will face serious repercussions, such as jail time and potential loss of custody of their kids. Individuals facing these allegations should contact an experienced Atlanta DUI lawyer who can protect their rights.

Georgia law holds that if a driver under 14 is driving while under the influence of alcohol or drugs, and endangers a child, they will be charged with DUI and Child Endangerment. A first offense can be punished with misdemeanor charges while second and subsequent convictions will incur more severe punishment (felony).

An arrest for child endangerment will not only impact you in criminal courts but also family court matters regarding custody arrangements. Furthermore, for social workers, teachers, coaches or any professional working with children directly, such as social work agencies or coaches – conviction could result in job consequences or even termination from their positions.

Jail Time

Parents have an obligation to ensure the wellbeing of their children, and driving while impaired is one way they may put them in jeopardy. Because states generally take a harsher view of DUI charges when children are present than standard offenses – Georgia punishes people arrested for DUI with children under 14 by charging both regular DUI and child endangerment offenses against them.

Child endangerment convictions may result in jail sentences, heavy fines, license suspension for an extended period, community service hours, probation evaluation and treatment services as well as mandatory attendance at DUI school – among many other penalties. Furthermore, those found guilty twice within 10 years could be declared habitual violators with additional jail sentences and be classified as habitual offenders.

If you have been charged with DUI with Child Endangerment, it is imperative that you immediately hire an Atlanta DUI attorney. They can fight both the criminal case and custody issues on your behalf to protect both your rights and those of your children.

Child Custody Issues

An Atlanta DUI is already a serious offense, but its consequences become even more grave when children are also being transported in the vehicle. Parents arrested for DUI with children present should seek legal advice quickly to protect both their criminal and child custody rights.

An arrest for DUI typically results in the suspension of your driving privileges for an extended period, rendering you incapable of transporting your children between school, doctors’ appointments, extracurricular activities or other events that they need to attend.

Judges may use DUIs involving child passengers as one factor when making custody determinations, but it shouldn’t be treated as the only determining factor. There are steps you can take to demonstrate your good behavior and convince the judge that your children deserve to remain under your care.

Contact an Atlanta DUI Lawyer

An arrest for DUI with children present is considered a felony as the risk to these passengers increases exponentially. Furthermore, courts may order community service or alcohol and drug evaluation for this individual.

An arrest for DUI with child endangerment often necessitates installing an ignition interlock device in order to start driving again. These devices monitor blood alcohol content before permitting vehicles to start up again.

An Atlanta DUI attorney can defend these charges by challenging the police’s motivations for stopping a vehicle and conducting field sobriety tests, or challenging results from breath tests or chemical analysis of urine samples administered.

Attorney Jim Yeargan trained at the Georgia Police Academy and holds certifications in field sobriety testing and Intoxilyzer 5000 operations – making him an ideal choice to defend a DUI with minors in the vehicle.