I was arrested for DUI and DUI child endangerment. When I go to my court date to answer to the charges, will I be answering to both charges on that day?
DUI / DWI Attorney
You will be answering to both charges on that day. The arraignment is for you to simply enter a guilty Or not guilty plea. Speak with a DUI attorney well in advance of this court date to defend your case. Endangerment charges count as separate DUI charges and the penalties are severe. My office is available for consultation at no charge- we can be reached at 770 887 3720.
Evan A. Watson is a Georgia licensed attorney. All information is based on Georgia law, and no response should be construed as legal advice. Additionally, this response does not create an attorney/client relationship. The response is simply a form of legal education and is intended to provide general information for all readers. Please refer with an attorney who practices in your applicable state for non-Georgia legal questions.
1 lawyer agrees
Criminal Defense Attorney
Yes, you will be answering to both charges on that day. In most cases, a good lawyer will be able to get the child endangerment charge dropped in exchange for a plea to just the DUI or even a reduced charge of reckless driving. As always, that will depend on your history as well as the facts of the case.
As a former prosecutor, I can tell you that unless someone had a fact pattern that was particularly shocking (very drunk, accident, belligerent, etc) then I didn't try to pile on the punishment by insisting on going forward on both the DUI and the Child Endangerment charge. However, when I got a case where someone was intoxicated and intentionally ran their car into a tree in a rage while their three year old was in the back seat, I threw the book at them.
You should talk to a lawyer about your case and have them begin negotiations with the prosecutor soon.
DUI / DWI Attorney
Yes, you will be answering to both charges. The DUI, and each Child Endangerment DUI are separate DUI offenses for purposes of sentencing and license suspension if convicted. You need to immediately obtain counsel and attempt to have the Child Endangerment Charges dismissed or try to win your DUI at trial. A conviction of DUI and Child Endangerment can be anywhere from 1 to 5 years.
DUI / DWI Attorney
Yes, you will have to answer to both charges that day. The most important thing to know about the child endangerment charge is that if you plead guilty, or are convicted of DUI and child endangerment while DUI, the department of drivers services counts the child endangerment charge as a second DUI offense which means as far as your license is concerned you will have 2 DUI convictions on your driver's history within a 5 year period which carries a year, hard suspension of your driver's license with no limited permit for work followed by 6 months of having an ignition interlock device installed on your vehicle. It is very important that you get the child endangerment charge dismissed, or reduced, so that you can avoid this predicament.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.