Legal Question in DUI Law in Georgia

Minor Under Influence

My 20 year old son got a citation and will have to go to court because he was riding in a car with some friends and they were drinking. (He was not driving) He had to go to court a few weeks ago. I did not think it was serious enough for me to go with him. I wanted to do the tough love thing. He didn't have a lawyer either. He was offered 6 mos probation, DUI class, 24 hrs community service and a $100 fine OR a continuance. He chose the continuance. I will be there for him the next time he goes. Do I need a lawyer to be present also?


Asked on 2/10/04, 7:26 pm

2 Answers from Attorneys

Jim Hough Thomas J. Hough, Jr., P.C.

Re: Minor Under Influence

Your son is not a minor and I suspect his charge may be something else. If he was not driving, was he the owner of the car? To allow anyone to operate your vehicle, who is himself under the influence, is a crime. There is more information needed to truly assess his situation, but the penalty proposed sounds as though he may also face a suspension of his driver's license. I would definitely have him secure representation if his license is important to him at this time in his life.

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Answered on 2/11/04, 12:11 pm
Nickolas Chilivis Chilivis, Traylor & Lyon, LLC

Re: Minor Under Influence

I would recommend that you get a lawyer for your son for his next court appearance unless he wants to take the plea deal that they offered. A lawyer would be able to ensure that you were represented properly and not taken advantage of by the prosecutor.

If you can't afford an attorney, the court would appoint one to defend your son.

Should you want to discuss this further you may call me at (404)942-3545.

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Answered on 2/10/04, 8:17 pm


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