In Massachusetts, drivers can be charged with a separate, enhanced penalty offense if caught operating a vehicle while under the influence of alcohol or drugs when a minor is in the car.
The criminal charge for Child Endangerment While OUI is a serious matter that —if proven, will be a misdemeanor on your permanent record. In addition to the punishment upon conviction for the underlying OUI / DUI offense, having a child 14 years or younger in the vehicle will increase the penalties by the following:
Child Endangerment OUI Penalties
- A Minimum 90 days in jail, up to
- A Maximum 2 ½ years in jail, Plus
- A Minimum $1,000 fine up to a
- Maximum $5,000 fine.
A 2nd or subsequent child endangerment OUI conviction will be a felony. Offenders will face a mandatory minimum of 6 months jail time, and could receive:
- Up to 2 ½ years in jail (house of correction) or
- A Minimum 3 years in state prison, up to
- A Maximum 5 years in state prison; Plus
- A Minimum $5,000 fine up to
- A Maximum $10,000 fine.
The enhanced penalty for OUI Child Endangerment (mgl chapter 90 section 24) must be served consecutively – or directly after, any incarceration time for the underlying OUI offense.
Avoid Severe Consequences For OUI With Minor
The first defense strategy in a DUI – OUI with a Minor is to fight the underlying offense at trial. The criminal justice system is rarely willing to go lenient in cases where the offense includes a minor put at risk of harm from a drunk driving accident.
Your defense lawyer should have comprehensive training in:
- Field Sobriety Tests
- Breath Tests (Breathalyzers)
- Blood-Alcohol Concentration or BAC.
An attorney experienced in breath and blood alcohol testing in Massachusetts will give you the best chance and advantage to prevailing over all charges related to the event. Contact OUI Defense Attorney Gregory Oberhauser for the best possible outcome.
Attorney Oberhauser is the Only Certified ACS-CHAL Forensic Lawyer-Scientist in Massachusetts!
If you, or someone you know, have been charged with a separate OUI with a minor offense in addition to an underlying OUI / DUI, call or contact my office as soon as possible. You can set up an initial consultation to go over the details that is free and confidential.