Child endangerment is punished the same as contributing to the delinquency of a minor, which does NOT carry mandatory jail time under the law, so the answer is YES it is possible. It depends on the facts and circumstances, the person's driving record, and the judge. Assuming it is a first offense and there was no injury or death:
Here is the statute:
An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child.
Here is the relevant part of 16-12-1:
Upon conviction of an offense which does not result in the serious injury or death of a child and which is the first conviction, the defendant shall be guilty of a misdemeanor and shall be fined not more than $1,000.00 or shall be imprisoned for not more than 12 months, or both fined and imprisoned.
Keep in mind that the DUI charge DOES have mandatory jail time of 24 hours on a first offense.
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Very very seldom will this procedure ever work. The State would theoretically have to do this for everyone. Georgia is very aggressive when it comes to prosecuting dui cases. Hire an attorney to navigate this.
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