Recently, 44 year old former Red Sox pitcher Curtis Leskanic was charged with DUI in Florida. DUI law enforcement officers found the former baseball player asleep behind the wheel of his truck. His young daughter was in the vehicle. According to reports, Leskanic's blood alcohol content was over four times the legal limit for drivers over age 21 of .08.
This is an interesting set of facts. In Gwinnett County, a DUI charge that has a minor child in the vehicle is charged as a second DUI offense as a count of DUI - child endangerment. Each additional child counts as a an additional DUI charge and can quickly lead to felony DUI treatment in the Gwinnett County Superior Court.
What is also noteworthy about these facts is the fact that the truck was parked and the alleged DUI driver asleep. One of the elements of a Gwinnett DUI charge is, well, driving. And if the vehicle is not on and the driver not actually a driver, the evidence is only circumstantial that he was driving under the influence. It is not illegal to drink alcohol in Georgia if you are over 21. It is not illegal to drink and drive. It is only illegal to be drunk and drive. If someone has consumed alcohol in their car, but has not driven, they are possible guilty of public drunk or open container laws, but they are not DUI.
If you are facing a DUI in Gwinnett County Georgia, call the best DUI lawyer - Gwinnett for a free case evaluation. DUI attorney Richard S. Lawson has fought and won thousands of cases and can help you get the best possible results on your Gwinnett DUI case.