Key Takeaways
- In Georgia, driving under the influence (DUI) with a child under 14 in the vehicle can elevate your DUI charge to a felony, even for a first offense.
- Each child counts as a separate DUI offense, potentially exposing drivers to multiple charges from a single incident.
- Penalties can include steep fines, lengthy license suspension, mandatory jail time, and lasting damage to your criminal record and custody rights.
Is DUI with a child in the car a felony in Georgia?
Yes—under Georgia law (O.C.G.A. § 40-6-391(l)), driving under the influence with a child under 14 in the vehicle is considered child endangerment, and it is treated as a separate DUI offense. This means you could be charged with multiple DUI counts from a single incident.
For example, if you’re arrested for DUI with two children in the car, the State can charge you with three DUI offenses: one for the alcohol-related impairment, and one for each child passenger.
This enhancement can quickly escalate your charges from a misdemeanor to a felony, especially if you already have prior DUIs on your record.
What are the penalties for DUI child endangerment in Georgia?
If convicted, you face:
- Separate DUI count per child under 14 in the vehicle
- Felony charges if the total number of DUI counts exceeds two (Georgia law makes a third DUI in 10 years a felony)
- Jail time, even for a first offense with children in the car
- Fines up to $5,000
- Driver’s license suspension
- Mandatory alcohol treatment programs
- Increased insurance rates
- Loss of professional licenses in some occupations
Child endangerment makes a standard DUI far more serious, both legally and socially. Prosecutors may also pursue additional charges like reckless driving or even cruelty to children.
Can I lose custody or visitation for DUI with a child in the car?
Yes. DUI child endangerment charges can impact your parental rights, especially in pending divorce or custody cases.
Family court judges may view this type of offense as proof of unfitness, and it could result in:
- Loss of custody or reduced parenting time
- Mandatory supervised visitation
- Court-ordered alcohol evaluations or rehab
Even if criminal charges are resolved favorably, family court decisions are made on the basis of the child’s best interest, and a DUI arrest with minors in the car can be a serious strike against you.
How do local courts in Cobb, Fulton, Gwinnett, and surrounding counties treat these cases?
DUI child endangerment is taken very seriously in metro Atlanta counties like Cobb, Fulton, DeKalb, Clayton, Gwinnett, and Hall.
You can expect:
- Aggressive prosecution in Cobb and Gwinnett, especially where prior DUIs exist.
- Judges in Fulton and DeKalb often impose harsher penalties for endangering minors, including mandatory jail time.
- Clayton County has been known to seek felony convictions in cases involving multiple child passengers.
- Hall County (Gainesville), where youth DUI crash rates are high, emphasizes rehabilitation but still imposes strict penalties for child endangerment.
Having an experienced local attorney who knows these courts’ tendencies can make a significant difference in the outcome of your case.
What should I do if I’m charged with DUI child endangerment in Georgia?
If you’ve been arrested for DUI with a child in the car, your next steps are critical:
- Do not speak to police without a lawyer.
- Call Hines Law immediately at 404-226-4236 for a free, confidential case review.
- Preserve evidence: dashcam footage, witness info, and any medical records may help.
- Avoid further criminal activity—additional charges will weaken your defense.
- Be honest with your lawyer about your criminal history and family situation.
You have legal defenses—challenging the stop, the breathalyzer, or the presence of probable cause—but these must be raised quickly and strategically.
Georgia DUI Child Endangerment FAQ
Is DUI with a child an automatic felony in Georgia?
No. But if it results in your third DUI within 10 years, it becomes a felony.
How old does the child have to be for it to count as endangerment?
Under Georgia law, any passenger under 14 years old qualifies.
What if I’m a first-time offender?
You can still face jail time and a separate charge for child endangerment, which carries its own penalties.
Can I get this off my record?
Georgia does not allow expungement of DUI convictions, including those involving children.
What are the chances of getting the charge reduced?
Each case is unique. With skilled representation, charges may be reduced or dismissed, especially for first-time offenders with no aggravating factors.
Facing a DUI with a child in the car? Don’t wait.
The State of Georgia does not take DUI child endangerment lightly—and neither should you. Your freedom, your family, and your future are at stake.
Call Hines Law today at 404-226-4236 to schedule a free case evaluation with an experienced DUI defense attorney. We serve clients throughout Cobb, Fulton, DeKalb, Clayton, Gwinnett, and Hall Counties, and we fight to protect what matters most.