What Happens if You’re Arrested for a Drug-Related DUI with a Minor in the Car?

If you’ve been arrested for a drug-related DUI with a minor in the car, we understand that you might be feeling overwhelmed, confused, and worried about what comes next. Facing charges like this can feel like a mountain you cannot climb alone, but rest assured, you don’t have to go through this experience without guidance. At Willis Law Firm, we’re here to help you understand what’s happening and the possible consequences you might face. Our team is committed to working with you every step of the way to ensure your case is handled in the best possible manner.

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The Importance of Understanding Your Arrest

Getting arrested for a drug-related DUI with a minor in the car is a serious matter. Georgia law treats these offenses with significant concern, especially when a child is involved. It’s essential to know the specific charges you are facing and the potential penalties. This type of DUI is different from a regular DUI because it involves drugs, not alcohol, and because there was a minor in the vehicle at the time of the arrest.

When you are stopped for suspicion of impaired driving, law enforcement officers might ask you to take a test to determine whether you’re under the influence of drugs. If the test shows that drugs are in your system, you could be charged with driving under the influence of drugs (DUID). This could happen even if you were not visibly intoxicated or if you were using prescription medication legally. In Georgia, this can carry serious consequences, and it gets even more complicated if a child under 14 years old is in the car.

The Legal Consequences of a Drug-Related DUI with a Minor in the Car

If you’re arrested for a drug-related DUI with a minor in the car, you could face both criminal and civil penalties. The state of Georgia has stringent laws designed to protect minors from the dangers of impaired driving, which makes these cases even more serious. The penalties can include both fines and jail time, and they will depend on several factors, such as whether you have a previous criminal record, the specific drugs involved, and whether anyone was hurt during the incident.

Under Georgia law, a first offense for a drug-related DUI can result in fines, license suspension, and mandatory alcohol or drug treatment programs. However, when a minor is present in the car, additional charges may be added, and the penalties may increase significantly. The state may consider the fact that you put the child’s safety at risk, which can lead to harsher consequences.

Greg Willis has been successful at defending DUI cases (over 93% without a conviction)

He's the only lawyer in the State of Georgia to ever be recognized for all three of these accomplishments.

Received the Samurai Lawyer Award for having gone to jail for a total of 4 days in order to save his own client

Received the BadAss Lawyer Award for the biggest impact of all DUI lawyers in DUI defense in the country

Received the vote of Georgia Lawyers as a Superlawyer in DUI Law for 10 straight consecutive years

 

What Happens to Your Driver’s License

If you’re arrested for a drug-related DUI, you will likely face the suspension of your driver’s license, regardless of whether a minor is in the car or not. In Georgia, a DUI charge comes with an automatic license suspension if you refuse to take a chemical test or if you test over the legal limit for drugs or alcohol.

When there is a minor in the vehicle, the consequences can become even more severe. The court may impose a longer suspension of your license, and you might be required to attend an additional evaluation or counseling session aimed at understanding the risks of impaired driving. Losing your driving privileges can significantly affect your daily life, especially if you rely on your vehicle for work, school, or family responsibilities.

Possible Criminal Penalties

In addition to the administrative consequences, a drug-related DUI with a minor in the car is a criminal offense in Georgia. If convicted, you could face significant fines and jail time. Georgia law has a mandatory minimum sentence for anyone convicted of DUI with a minor passenger in the car. This could include mandatory jail time, even for first-time offenders. The judge will take into account the specific facts of your case, including whether the child was in danger or if any other aggravating factors were present during the incident.

It’s important to understand that you will also face increased penalties if this is not your first DUI offense. Previous convictions for DUI can lead to more severe fines and longer sentences, especially when there is a minor involved.

Greg has truly mastered his craft. His preparation is second to none and his confidence helps reduce the nervousness and anxiety his clients face. He is a real life version of Harvey Specter and I highly recommend him.”

- Travis

Greg and his team are absolutely incredible. Greg explained everything to me in detail, as this is the first ever time I have been arrested. Regular updates throughout the process which allowed me to get on with everyday life. 200% I would recommend Greg and his team to anyone with a DUI case."

- James Hellens

Mr Willis is the best in the business. He knows the law inside and out. I was in a serious jam and Greg got my dui reduced to a reckless driving. This man will fight for you every step of the way."

- Anonymous

Additional Charges for Child Endangerment

In some cases, a DUI arrest with a minor in the car can result in additional charges of child endangerment. Child endangerment laws are in place to protect minors from situations where they could be harmed. If you’re arrested for a drug-related DUI with a minor in the car, the presence of the child could be seen as evidence of child endangerment.

If the child was injured during the incident or if there is evidence of reckless driving, you could be facing even more serious charges. In Georgia, child endangerment charges can carry additional penalties, including more jail time and greater fines. The court might also order social services to investigate your home life and custody situation, depending on the circumstances.

The Importance of Having an Experienced Lawyer

When facing a drug-related DUI with a minor in the car, having an experienced lawyer by your side is essential. You need someone who can guide you through the legal process and help you understand your rights. There are many defenses available, even for drug-related DUIs, and an attorney can investigate the details of your case to determine whether any mistakes were made by law enforcement during the arrest.

An experienced lawyer can also help you avoid the worst-case scenario by negotiating for reduced charges or alternative sentencing options, such as probation or community service. If there were mitigating circumstances, such as a prescription drug that was taken as directed by a doctor, your lawyer may be able to use this information to reduce the severity of the charges.

Having legal representation can also help you navigate the complicated rules regarding license suspension and help you apply for a limited or hardship license, which may allow you to drive to work or attend essential appointments during your suspension.

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Your Next Steps After an Arrest

After you have been arrested for a drug-related DUI with a minor in the car, it’s important to take action quickly. You will need to attend your arraignment and appear in court for any hearings related to your case. Failing to appear could result in additional charges and penalties.

It’s also crucial to gather any evidence that could support your case. This includes speaking to witnesses, obtaining medical records, and finding any relevant information about the drugs involved in the incident. Your lawyer will help you gather this evidence and build a defense strategy based on the specifics of your case.

In addition to legal defense, you may need to complete certain programs or counseling sessions as part of the court’s requirements. These programs are often designed to help prevent future incidents and show the court that you are taking steps to address the underlying issues that led to your arrest.

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At Willis Law Firm, we understand how difficult it can be to face drug-related DUI charges, especially when a minor is involved. Our team of experienced attorneys is dedicated to providing you with the best possible defense and helping you achieve the most favorable outcome in your case. We work closely with each client to understand their unique situation and develop a personalized strategy that addresses their needs.

If you’re facing drug-related DUI charges with a minor in the car, don’t face it alone. Contact Willis Law Firm today to schedule a consultation. We are committed to helping you navigate this challenging situation and get the best possible result for you and your family. Let us be your guide through the legal process.