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DUI with a minor in the car

Mar 4, 2013 | Roland Castellanos | DUI | No Comments

DUI with a minor in the car

The State of Georgia has provided many pitfalls for those who take advantage of its tolerance for alcohol consumption. Besides providing that it’s illegal to drive .08g% or above in alcohol content or in the alternative that it’s illegal to drive with any amount of alcohol which renders you a less safe driver, the State of Georgia has also made it a separate crime to drive intoxicated while endangering a person less than 16 years of a age as a passenger.

I have client with a case pending where he carried his three children while driving .08 or above. The Department of Driver Services has taken the position that each minor is a separate crime of DUI. If convicted would be convicted of four separate DUIs, just as if he had been arrested and convicted for separate occasions. Thus, the second child would make him a Habitual Traffic Violator (a five year license suspension) and the third child would place him at the felony level even though he only had one event.

I’m not condoning DUI let alone driving so with your children but it appears that the Law of Unintended Consequences could reach an absurd result. Well, we’ll see soon enough.


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