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, 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 Attorneys at The Law Offices of Joseph D. Bernard 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 Law Offices of Joseph D. Bernard for a consultation regarding this matter.
Trained Breath Test Machine Operator
Attorney Joseph D. Bernard is the only lawyer in Massachusetts to have completed the breath test training conducted by the state police.
Certified Field Sobriety Test Administers
Our attorneys are certified administers of the field sobriety test by the National Highway Traffic Safety Administration.
Former Assistant District Attorney
We understand OUI cases from both sides of the fence and know exactly how to defend our clients.
Unique Certification & Expertise
Attorney Joseph Bernard is the only lawyer in Massachusetts to be certified by the internationally acclaimed Borkenstein drug and alcohol courses. Attorney Bernard is also the only lawyer in Massachusetts who is a member of the American Chemical Society.