OUI with Child Endangerment

Defending Against Impaired Driving Involving Children

By being charged with child endangerment while operating under the influence, you are actually being charged with two offenses: OUI-Liquor or OUI-Drugs and Child Endangerment while OUI. In order for you to be charged with that, the prosecutor must prove beyond a reasonable doubt that you were operating a motor vehicle under the influence of intoxicating liquor. In addition to that, he/she must prove that there was a minor under the age of fourteen years old in the motor vehicle with you while operating. With that being said, if you cannot be convicted with an OUI, you are unable to be convicted with child endangerment.

Under Melanie’s Law, penalties and administrative sanctions for operating under the influence are enhanced for offenders in Massachusetts. Therefore, the sanctions for OUI and Child Endangerment are the following:

• OUI with Child Endangerment First Offense
  • Minimum 90 days jail time up to 2.5 years and a fine of $1,000 to $5,000
  • Driver’s license suspended for a year
• OUI with Child Endangerment Second Offense and Greater
  • Minimum 6 months jail time up to 2.5 years or 3 years state prison time up to 5 years;
  • A fine of $5,000 to $10,000
  • Driver’s license suspended for 3 years

Should you be convicted of child endangerment while OUI/DUI, the penalties of this charge will be added on consecutively to the other charges, such as OUI and/or negligent operation of a motor vehicle.

The Massachusetts OUI/DUI lawyers at the Bernard Defense Team can assist you with this matter in multiple ways. As previously stated, the prosecutor must prove two things and Attorney Bernard can use his defense strategies to prove otherwise. Do not give up, there are ways to overcome this. Call the Bernard Defense Team for a consultation regarding this matter.