OUI with Child Endangerment Serving Clients From The Berkshires to Boston

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.

Lawyers Who Provide a Scientific Defense

  • 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.

Meet The Law Offices of Joseph D. Bernard P.C.

The Pinnacle of Drunk Driving Defense

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    “I'm here to tell you as someone who went through it and knows how scary it is when you are facing that black hole and approaching the event horizon and realize that you are about to lose everything you ever knew and fought for, this is the man you want.”

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    He truly is a top of the line attorney.

    “Listen to Atty Bernard when he gives the advice. His staff was great. Thank you, Joe, and keep up the good work.”

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    Joe is well known and respected in the courtroom.

    “Joe is very knowledgeable and experienced with MA DUI laws. We worked well together to come up with the best solution for my case. The outcome was what I was hoping for and could not be more pleased.”

    - Former Client
    They kept me informed step by step.

    “I was extremely confident with the representation of the firm. Their rates are reasonable, their professional and they not only handled one state but two. They clearly knew the law and I would gladly use them again if I needed it.”

    - Former Client
    I always felt respected and part of the team.

    “I was very pleased with the expertise and professionalism with which Attorney Joe Bernard managed my case. It quickly became clear to me that he has the experience and respect of his peers necessary for effective litigation. I’ll always be grateful.”

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