Can a DUI With a Child in the Car Be Charged as a Felony in Georgia?

A DUI stop is always serious, but when a child is in the car, everything changes.

What might have been a misdemeanor DUI charge can quickly escalate into a felony offense with far more severe penalties.

Can a DUI with a child in the car be charged as a felony in Georgia?

In Georgia, driving under the influence with a child passenger is considered DUI Child Endangerment, and prosecutors take it extremely seriously. Before you assume it’s “just another DUI,” it’s critical to understand what you’re really facing and how to protect yourself.

Is a DUI With a Child Passenger a Felony in Georgia?

Yes, a DUI with a child in the car can be charged as a felony in Georgia, and it happens more often than you might think.

Under Georgia law (O.C.G.A. § 40-6-391), when you drive under the influence with a child under 14 years old in your vehicle, you face not only the original DUI charge but also an additional charge of DUI Child Endangerment for each child present. These are separate offenses with separate penalties.

Your first and second DUI Child Endangerment convictions are classified as misdemeanors, but a third DUI Child Endangerment conviction automatically becomes a felony.

However, what many drivers don’t realize is that you can reach “third offense” status much faster than you might expect due to Georgia’s unique “stacking” provision.

How Georgia’s “Stacking” Provision Can Create Felony Charges

Georgia has an unusual law that counts each child in the vehicle as a separate offense. This means a single DUI arrest can result in multiple DUI convictions if children are present. Here’s how it works:

• If you’re arrested for DUI with one child in the car, you face two charges: DUI and DUI Child Endangerment
• If you’re arrested with two children, you face three charges: DUI and two counts of DUI Child Endangerment
• If you’re arrested with three children, you face four charges: DUI and three counts of DUI Child Endangerment

For license suspension purposes and habitual violator status, each of these counts as a separate DUI conviction. This means a first-time DUI offender with three children in the vehicle could be treated as having four DUI convictions from a single incident, immediately triggering felony status.

This “stacking” provision creates a scenario where even first-time offenders can face felony charges if multiple children are present in the vehicle.

Penalties for DUI Child Endangerment in Georgia

The penalties for DUI Child Endangerment vary based on whether it’s classified as a misdemeanor or felony:

First or Second Offense (Misdemeanor)

• First offense: Up to 12 months in jail and/or fines up to $1,000
• Second offense: Up to 12 months in jail and/or fines between $1,000 and $5,000

Third or Subsequent Offense (Felony)

• 1 to 5 years in prison
• Fines up to $5,000
• Mandatory completion of substance abuse treatment programs
• Extended probation period

Since Georgia’s DUI “stacking” law treats each child passenger as a separate DUI offense, a single arrest with multiple children in the car can quickly trigger habitual violator status and up to five years of license revocation.

Additional Consequences Beyond Criminal Penalties

Beyond the immediate criminal penalties, a DUI Child Endangerment conviction can have far-reaching consequences:

Family Court Implications

• The conviction may be used against you in child custody proceedings
• The Department of Family and Children Services (DFCS) may initiate an investigation
• You could face additional court-ordered parenting assessments or supervision

Professional Consequences

• Teachers, daycare providers, and healthcare workers may risk theirprofessional licenses
• CDL holders and professional drivers face career-ending consequences
• Any profession requiring background checks may become inaccessible
• Can impact your child custody case

A DUI Child Endangerment conviction can jeopardize your parental rights, your career, and your reputation. These long-term consequences make it critical to address the charges from the beginning.

Defenses Against DUI Child Endangerment Charges

When facing DUI Child Endangerment charges, especially those that could result in felony convictions, a strong defense is essential. At J. Ryan Brown Law, we explore multiple defense strategies:

Challenging the Underlying DUI

Since DUI Child Endangerment requires a conviction on the underlying DUI charge, successfully defending against the DUI automatically defeats the endangerment charge. Common strategies include:

• Challenging the legality of the traffic stop
• Disputing the accuracy of field sobriety or chemical tests
• Questioning the officer’s observations and procedures
• Examining whether your rights were violated during the arrest process

Contesting the Child Endangerment Element

Even if the DUI charge stands, we may challenge the endangerment component by:

• Verifying the age of passengers (the law only applies to children under 14)
• Determining if the prosecution can prove you knew or should have known a child was in the vehicle
• Examining whether the child was actually endangered in the specific circumstances

Negotiating Reduced Charges

In some cases, especially for first-time offenders, we may negotiate with prosecutors to:

• Reduce felony charges to misdemeanors
• Consolidate multiple endangerment charges
• Arrange for alternative sentencing options like treatment programs or probation

DUI Child Endangerment charges require a thoughtful, strategic defense tailored to the unique facts of your case.

Frequently Asked Questions About DUI Child Endangerment

If I’m charged with DUI Child Endangerment, will I automatically lose custody of my children?

Not automatically, but a conviction can significantly impact custody proceedings. Courts consider DUI Child Endangerment a serious matter that directly relates to parental fitness. DFCS may also become involved, especially in felony cases.

Can I be charged with DUI Child Endangerment if I wasn’t the parent of the child in the car?

Yes. The law applies regardless of your relationship to the child. Whether you’re a parent, relative, family friend, or childcare provider, you can be charged if a child under 14 is in the vehicle.

Will I have to install an ignition interlock device if convicted?

It depends on your overall DUI history, but it’s likely. For multiple DUI convictions (which can happen quickly due to Georgia’s stacking provision), an ignition interlock device is typically required for license reinstatement.

If I refused a breathalyzer test, can I still be convicted of DUI Child Endangerment?

Yes. Georgia allows for DUI convictions based on an officer’s observations of impairment (“less safe” DUI), even without chemical test results. If convicted of this “less safe” DUI, you can still be convicted of child endangerment.

Can I get a limited driving permit if my license is suspended due to DUI Child Endangerment?

Your eligibility for a limited permit depends on your overall DUI history and whether you’re classified as a habitual violator. In many multiple-conviction scenarios resulting from child endangerment charges, limited permits are not available during the initial suspension period.

Get Help With Your DUI Child Endangerment Case

DUI Child Endangerment charges require experienced legal representation. The consequences are too severe to face without a knowledgeable advocate on your side.

At J. Ryan Brown Law, we understand the gravity of these charges. We investigate every aspect of your case—from the initial traffic stop to testing procedures—and develop defense strategies tailored to your situation.

Contact J. Ryan Brown Law today for a confidential consultation about your DUI Child Endangerment case. Your defense starts the moment you call.