What Happens to Parents Who Drive DUI With Their Kids in the Car?

What Happens to Parents Who Drive DUI With Their Kids in the Car?

Facing DUI charges can be an alarmingly serious matter. For those with children, facing such charges could affect their custody rights during divorce proceedings or other legal processes.

Child endangerment laws vary by state, but generally speaking it is illegal to drive while under the influence of alcohol or drugs with children in your car. Being charged with child endangerment adds additional penalties associated with your DUI offense.

Child Endangerment Charges

Parents have a legal duty to care for and protect their children, and any actions which endanger their welfare should be treated seriously. Therefore, most states take an extremely harsh stance towards DUI charges when children are present compared with standard offenses; Georgia for instance charges drivers arrested with children under 14 in their vehicle both regular DUI as well as endangerment charges when arrested for DUI with children present.

Based on state law, this could constitute either a misdemeanor or felony offense; felonious charges carry more severe consequences, such as jail time and substantial fines.

DUI convictions with children present can be especially harmful when trying to gain custody. The other parent may use this conviction against you as evidence that proves they’re unsuitable to parent and should not receive primary or sole custody.

Child endangerment charges require those facing them to have legal representation that can provide the best representation possible, since conviction can often have consequences that transcend criminal justice systems and have significant ramifications for professional licenses required for certain jobs like those found within healthcare or education settings.

Additionally to arguing that you were not impaired when charged with DUI, your attorney can also raise doubts over the accuracy of any chemical test results. Because breathalyzers and blood tests may contain errors and improper calibration, challenging their accuracy may help strengthen your case and help avoid conviction; especially important if you work as a nurse, social worker, teacher or another profession which requires regular drug screenings as accurate results are key to job security.

Custody Issues

When arresting parents with minor children in their car for DUI, law enforcement will usually attempt to place them with another family member – even if that means placing them into foster care – in order to comply with vicarious liability laws which hold parents liable for actions performed by their minor children under vicarious liability laws. Vicarious liability holds parents liable under vicarious liability laws as these can leave children injured by impaired drivers or violate state laws regarding reckless driving with children present.

DUI convictions will have an immediate impact on any upcoming custody cases, whether related to divorce proceedings or ongoing disputes between former partners. When making determinations about legal or physical custody arrangements for children involved, courts will review each parent’s record thoroughly – this includes criminal convictions like DUI. A DUI can indicate poor judgement as well as alcohol addiction issues which directly hinder their ability to care for their children properly.

DUI convictions often lead to suspension of driver’s licenses for an extended period, making it more difficult for parents to transport their children for extra-curricular activities and events, potentially jeopardizing custody arrangements and custody agreements.

At the end of the day, while DUI with children in the car will have an impactful implication for custody decisions, it should not be used as the only factor when making these decisions. Judges take all circumstances into consideration when making their decisions and there are steps a parent can take to demonstrate good behavior and show their desire to keep their children safe and happy; these include voluntary alcohol and drug testing as well as beginning monitored sobriety to show this was an isolated incident and they have since made changes in their life that show they’ve made progress since taking this charge.

Jail Time

DUI penalties can be severe; when combined with children in the vehicle, their severity increases exponentially. If found guilty of DUI with children present, jail time will likely follow and it could even result in being denied custody of your kids. An Atlanta DUI lawyer with experience handling custody issues may help defend you and help preserve your right to see them.

Georgia takes an aggressive stance against drunk driving, and even more so when children are involved. Georgia law stipulates that any driver found under the influence of alcohol or drugs with under-14 year old children present will be charged with DUI Child Endangerment; previously this charge would often appear together; now laws have changed and only one charge can be laid per incident.

According to Georgia law, each child under 14 who was present when the arrest occurred will face their own DUI offense charge. For instance, if there are three children present in a vehicle when arrested for DUI, their father will face four separate DUI offenses: one for himself and three more charges related to each of his children.

Laws designed to prevent child endangerment due to impaired driving have proven ineffective at discouraging drivers from endangering the lives of their children by taking unnecessary risks with them.

Parents charged with DUI who transport their children may also come under scrutiny from Child Protective Services (CPS). CPS might investigate and determine that there was ongoing danger for the child in question, and might decide to remove custody from one or both parents depending on circumstances.

CPS will typically seek to monitor a situation and reduce any ongoing risks to children. Parents can retain custody if they can demonstrate that it was all an accident and no danger existed for their child.

Criminal Charges

Under Georgia DUI law, parents found guilty of driving under the influence while carrying children will face multiple DUI charges. A child endangerment charge will usually be added on top of any standard misdemeanor or felony DUI offense; so for a father with two children in his car this would result in four separate DUI offenses: two child endangerment offenses as well as basic DUI.

DUI convictions can have lasting repercussions in one’s life, but those charged with DUI while transporting children could experience even greater ramifications if found guilty. You could find yourself facing the difficult process of regaining custody of them should this offense occur.

Furthermore, you could find it more challenging to secure employment in the future due to background checks conducted by employers who may be wary of hiring individuals with DUI convictions on their record – this can make life extremely difficult for those working in roles which involve driving vehicles – bus drivers, day care owners, teachers and healthcare workers are just some examples of such professions.

Furthermore, multiple DUI convictions within 10 years can elevate from misdemeanor status to felony status and bring much heavier fines and jail terms than your first conviction; you could potentially receive up to five years imprisonment with fines up to $5,000 being levied against you.

DUI Child Endangerment is an extremely serious offense that requires the assistance of a skilled and qualified lawyer to protect your rights. At Yeargan & Kert LLC in Atlanta, our seasoned DUI lawyers take cases involving DUI and children very seriously and strive to help their clients resolve them as quickly as possible. Contact us now and set up a consultation. We take all matters relating to them very seriously so contact us right away if you want help getting back on your feet quickly.