Child Endangerment: A 2nd DUI?

Posted by William H. Sherman on Aug 24, 2015 | 0 Comments

Question:   I admit that I shouldn't have been driving.  I understand the seriousness of driving a car if you are drunk.  But I was out with my young daughter and we went to lunch and on the way home I got into a small accident with another car.  It wasn't my fault and there was no major damage involved.  I think the other driver was texting.  The accident was on North Point Parkway.

But the Alpharetta cops came and smelled alcohol and arrested me for DUI.  I asked if I could just drive home to Sandy Springs but he said no.  It's my first DUI but since I had my 10-year-old daughter in the car I also was charged with child endangerment. 

I read on the internet that if you have a child in the car and you are arrested for drunk driving that it counts as a second DUI.  One DUI is bad enough, but two drunk driving charges could easily get me fired from my job.

I want to ask if a child endangerment charge is considered a second DUI.

S.D. in Sandy Springs

Answer:   For driver's license purposes, a DUI with a child in the vehicle (child endangerment) is treated like a second DUI.  And getting two DUIs within 5 years means that you cannot get a work permit.  It causes a “hard” suspension of your license so you will not have a license or be permit-eligible for a certain amount of time.

To be clear, getting a DUI with a child in the car is treated as a second DUI for driver's license purposes but is not treated as a second DUI for purposes of criminal sentencing.  So since this is your first DUI charge, you cannot be sentenced as if you have had two DUIs.

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William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.

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