What Happens If You’re Arrested For DUI With A Minor In The Car In Georgia?
Getting arrested for a DUI is a serious situation on its own, but when you have a minor in the car at the time of the arrest, the consequences can be even more severe. If you’ve been arrested for DUI with a child passenger in Georgia, it’s important to understand the legal ramifications and what to expect as your case moves forward.
As a Marietta DUI attorney, I know how overwhelming this situation can be, but with the right legal guidance, you can make informed decisions to protect your rights. We will now discuss the potential legal issues, the penalties you may face, and how Georgia DUI laws specifically address driving under the influence with a minor in the car.
Georgia DUI Laws And The Impact Of A Minor Passenger
Under Georgia law, DUI (Driving Under the Influence) laws are very clear about the consequences of driving while impaired, whether it’s by alcohol or drugs. According to Georgia Code Section 40-6-391, it is illegal to drive under the influence of alcohol or drugs if you are impaired to the extent that it affects your ability to drive safely. However, when a minor passenger is present, the penalties are significantly more severe.
Georgia law specifically has additional penalties for anyone convicted of DUI with a minor in the vehicle. A minor, in this case, is anyone under the age of 14. If you are arrested for DUI and have a child under 14 years old in the car, you could face enhanced penalties under Georgia Code Section 40-6-391(f), known as the “DUI with a Child Endangerment” law.
What Are The Potential Penalties For DUI With A Minor In The Car?
If you are arrested for DUI with a minor in the vehicle, the penalties can be more severe than a standard DUI arrest. Here are some of the key consequences you could face:
- Increased Fines – While a standard DUI conviction in Georgia can result in fines between $300 and $1,000, a charge of “DUI with a child passenger” can result in much higher fines. The fines could range from $1,000 to $5,000, depending on the circumstances of the arrest and the severity of the offense.
- Jail Time – A DUI conviction with a minor in the car could result in mandatory jail time. In addition to the standard DUI penalties, you also face a minimum of 10 days in jail. The court may increase this amount if there are aggravating circumstances, such as having multiple prior DUI offenses or causing harm to the minor.
- Probation and Community Service – In many cases, a judge may place you on probation instead of sending you to jail, especially if it’s your first offense. However, the probationary period could last for several months, and you may be required to complete community service hours, often specifically related to education or work involving children.
- License Suspension – A DUI conviction, in general, can lead to the suspension of your driver’s license, and a DUI with a minor in the car can exacerbate this. Your driver’s license could be suspended for up to one year, and if you have prior DUI convictions, this suspension could be even longer.
- Child Protective Services Involvement – When a child is involved in a DUI arrest, Child Protective Services (CPS) may become involved. In some cases, a report may be made to CPS, and they will investigate whether the child was at risk or harmed during the incident. This could lead to further legal complications, including custody issues.
Defenses To DUI With A Minor In The Car Charges
If you’ve been arrested for DUI with a minor in the vehicle, it’s important to know that there may be defenses available to challenge the charges. Here are some potential defenses that a DUI attorney could argue in your case:
- Lack of Probable Cause for the Stop – One common defense is to challenge the legality of the traffic stop itself. If the police officer did not have a valid reason to pull you over in the first place, any evidence obtained during the stop, including breathalyzer results or field sobriety tests, could be inadmissible in court.
- Inaccurate Field Sobriety Test Results – Field sobriety tests are not always reliable. Factors such as medical conditions, fatigue, or the presence of certain medications can affect a person’s ability to pass these tests, even if they’re not impaired. A skilled DUI lawyer can argue that the tests were not conducted properly or that external factors caused the failure.
- Breathalyzer or Blood Test Issues – Breathalyzer and blood tests are crucial in DUI cases, but they are not foolproof. Breathalyzer machines can malfunction, and blood samples can be mishandled. If there were issues with the testing process, a lawyer may be able to get the evidence thrown out or challenge the accuracy of the results.
- Rising Blood Alcohol Content (BAC) – It is possible that your BAC was below the legal limit when you were driving but rose above the legal limit after your arrest. If you can demonstrate that your BAC was below the legal limit while driving, it could impact the charges against you.
What Happens After The Arrest?
After your arrest for DUI with a minor in the car, several legal steps will follow. These steps typically include:
- Arraignment – You will be formally charged and given an opportunity to enter a plea. At this time, you will also learn about the specific charges against you.
- License Suspension Hearing – If your driver’s license was taken during your DUI arrest, you will need to request a hearing with the Georgia Department of Driver Services (DDS) to contest the suspension.
- Pretrial Hearings and Discovery – Your attorney will gather evidence, review reports, and potentially file motions to suppress evidence. Pretrial hearings allow both parties to discuss the case and potentially resolve the issue before trial.
- Trial – If your case goes to trial, a judge or jury will decide whether you are guilty of DUI with a minor in the car. If you are convicted, you will face the penalties outlined earlier.
Georgia Dui With A Minor In The Car FAQs
Can I Lose My Driver’s License For DUI With A Minor In The Car?
Yes, if you are convicted of DUI with a minor in the car, you can face a one-year driver’s license suspension. If you have previous DUI convictions, this suspension may be longer.
What If The Minor Was Not Injured In The DUI Arrest?
Even if the child is not injured, DUI with a minor in the car still carries enhanced penalties in Georgia. The law does not require injury to the child for the enhanced charges to apply.
Can A DUI Lawyer Help If I’m Facing Charges For DUI With A Minor In The Car?
Yes, a skilled DUI attorney can help you navigate the legal process, investigate the circumstances of your arrest, challenge the evidence, and potentially reduce the penalties or have the charges dropped.
What Happens If I Refuse A Breathalyzer Test With A Minor In The Car?
Refusing a breathalyzer test in Georgia will result in an automatic driver’s license suspension for at least one year. This penalty applies regardless of whether a minor is in the car, but the presence of a minor could lead to further consequences.
What Should I Do After I’m Arrested For DUI With A Minor In The Car?
It’s important to contact an experienced DUI lawyer as soon as possible. An attorney will guide you through the legal process, protect your rights, and help you explore all possible defenses to the charges.
Contact Our Marietta DUI With Child In The Car Defense Lawyer For Your Free Consultation
If you’ve been arrested for DUI with a minor in the car, you need a dedicated attorney to help protect your rights and your future. At The Mazloom Law Firm, LLC, we are committed to providing experienced legal representation to clientsthroughout Marietta, Atlanta, and the surrounding areas.
Contact the Marietta DUI With Child In The Car Defense Lawyer at The Mazloom Law Firm, LLC, by calling 770-590-9837 to receive your free consultation. Our offices serve clients in Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, and Rockdale counties. Let us help you navigate this challenging situation.
