Posted by duijim in on January 2, 2024
An arrest for DUI can have far-reaching repercussions for all family members involved, resulting in jail time, costly fines and mandatory counseling sessions – plus potentially losing their Georgia driver’s license suspension.
Georgia law adds an additional DUI Child Endangerment charge if children under 14 are present during a DUI offense, further compounding its penalties.
Loss of Custody
Courts may decide to withdraw custody from parents who engage in behavior that threatens the welfare of their child, such as physical spousal abuse, neglect, emotional abuse or any type of drug or alcohol use/addiction. Loss of custody could also occur if their living situation is unsafe – including living in physically unsafe property with abusive roommates/family members or being homeless.
Refusing to comply with child support obligations and court stipulations can also lead to the loss of custody rights, with an absence from required parenting classes as an indicator that this parent has disobeyed court orders and should therefore lose their parental rights. If they continue in this manner they could face contempt charges in court which can result in them forfeiting custody rights altogether.
Parental alienation, in which one parent makes significant decisions regarding a child without consulting their co-parent, can also result in losing custody of them. For instance, a mother who makes major choices without first consulting both of her partners could be seen as unsuitable to care for them properly and therefore lose custody.
Mental illness may disqualify a parent from custody due to being diagnosed by a physician; however, its root cause usually dictates whether he/she will gain or forfeit access.
Financial issues may play a factor in losing custody. Unpaid child support payments or job loss could sway a court to rule against someone, while an income gap usually doesn’t lead to custody being taken away unless it interferes with their child’s development and future prospects.
Substance addictions, even legal substances that are taken in moderation and used legally, may prevent parents from being granted custody. A cannabis addict will not be granted custody if their consumption inhibits their ability to care for the children properly; particularly addictive substances linked to criminal activities or an inability to provide a safe environment are more likely to sway a judge’s decision than others.
Jail Time
Georgia takes DUI cases very seriously, and when children are present during an arrest they can add even greater complexity. Many states have laws which make DUI with children a felony offense carrying harsher penalties than just regular DUI conviction. Most DUI charges in Georgia are felonies but when children under 14 are in a car with an impaired driver it becomes DUI with child endangerment and courts take an extremely hard stance against such offenses as they threaten children’s lives.
Many clients ask whether a DUI with child endangerment charge should be considered a felony charge and, unfortunately, seven states consider any DUI with child passengers to be felonious. A guilty or nolo contendere plea to any of these DUI and child endangerment charges in Georgia will result in at least 120 day license suspension with possible limited use driving permits granted for work, school attendance, substance abuse counseling/treatment programs/classes/medical care treatments and court appearances as needed.
As well as jail time, those facing DUI with child endangerment must also complete 40 hours of community service, attend and complete a state-approved Alcohol or Drug Use Risk Reduction course (commonly referred to as DUI School), pay fines and fees associated with their conviction, attend Victim Impact Panel meetings and undergo drug and alcohol evaluations. Many judges will also order probation which could involve random urine testing or house arrest as required by law.
An Atlanta DUI attorney who specializes in custody cases will help protect both parents and ensure a fair outcome in both matters. A conviction could cause the judge to view one parent unfavorably and decide that another one should receive custody instead. It is critical that parents with criminal cases defend them while fighting for fair custody arrangements during divorce proceedings and custody disputes.
Child Endangerment Charges
State of Georgia courts take arrests of DUI drivers with children in their vehicle very seriously, considering them separate offenses due to potential effects on children, such as impaired drivers slowing their reaction time and potentially leading to car accidents that harm or kill children in the vehicle. A conviction for DUI with kids may lead to multiple charges as it’s considered a special violation under Georgia law.
First and second offenses of DUI child endangerment are misdemeanors; any third or subsequent offense is considered a felony punishable by up to one year in jail and fines between $1,000 and $5,000; license suspension could extend by five years in certain instances. Anyone convicted more than once of DUI within 10 years can also face five-year jail sentences with fines between $10K-25K as punishment for their fourth DUI offense within that 10-year timeframe.
DUI with children cases are complex due to their far-reaching consequences that extend far beyond legal proceedings. A conviction could alter custody arrangements and/or cause Child Protective Services (CPS) to intervene and intervene with family lives.
Individuals accused of DUI with children in Atlanta need to immediately seek legal advice from experienced firms such as Yeargan & Kert, LLC to minimize the effects of their charges and ensure they reach a favorable resolution. Give us a call now to arrange for an initial consultation!
Child Custody Issues
If a parent with children is engaged in either a custody dispute or going through the process of divorce, being arrested and convicted of DUI can have devastating repercussions. Beyond criminal penalties such as jail time, fines, license suspension and mandatory substance abuse assessment and treatment programs; DUI arrest and conviction also has family law implications which must be carefully addressed immediately by seeking legal advice as soon as possible. It’s critical that those facing these charges seek legal advice as soon as possible so as to defend themselves adequately and receive representation immediately.
An arrest for DUI can have devastating repercussions in child custody cases and compromise parenting time, decision-making rights, and visitation rights. Family courts place great importance on child safety when making custody determinations; any incident which shows one parent as unsafe can make that determination more likely. Particularly when multiple DUI arrests or convictions take place simultaneously, judges may factor these events in when making their determination.
If a person convicted of DUI has minor passengers in their car, they will also likely face child endangerment charges as a more severe penalty. This charge could lead to jail time and possible criminal conviction as well as consequences from state child welfare authorities and could affect custody issues as the court may see this evidence that suggests they cannot care for children properly.
People must understand that being charged with DUI does not automatically mean losing custody of their children. Judges take many factors into consideration when making their decisions about custody matters and one such factor could be DUI charges; thus it is crucial that a qualified DUI lawyer be hired in order to help manage criminal proceedings in such a way as to have positive effects on custody proceedings.
Have an experienced Atlanta DUI attorney represent the best interests of your children through every stage of this process, working to reduce or dismiss DUI charges as much as possible while exploring legal means to ensure safety and foster healthy relationships between parent and child.