Michigan OWI – Child Endangerment

On top of OWI charges, a person who is operating a vehicle while intoxicated or visibly impaired, with a passenger 15 years old or younger will receive Child Endangerment charges. If you have been charged with a DUI it is important to remember it does not mean you have been convicted; do not just plead guilty or give up hope. At Criminal Legal Services, our attorneys are experienced in defending DUI cases throughout Southeast Michigan.

Child Endangerment

Michigan law has 3 variations of an Operating While Intoxicated offense that include having your ability to safely operate a motor vehicle substantially affected by drugs or alcohol; a bodily alcohol content (BAC) at or above 0.08; or a BAC of 0.17 or higher (“super drunk“). If you are being charged with an OWI violation and at the time of the 0ffense had a child under the age of 16 as a passenger you will receive child endangerment charges in addition to the OWI charges.

Penalties

First Offense – Misdemeanor punishable by a $200 up to a $1,000 fine and;
– Up to 1 year imprisonment
– Community Service for 30 – 90 days; or both.
– Possible vehicle immobilization

Second Offense – Felony punishable by a $500 up-to a $5,000 fine and;
– Imprisonment for 1 to 5 years; or
– Up to 1 year in jail, probation, and community services for 60-180 days.
– Vehicle Immobilization

Person under 21 – Child Endangerment Charges

Child Endangerment also occurs when – a person under the age of 21 with a BAC of .02 or higher is operating a vehicle with a passenger under the age of 16. The potential penalties are for a first offense (misdemeanor) include vehicle immobilization, 60 days of community services, a fine up to $500, and up to 93 days in jail; a second offense (misdemeanor) is punishable by vehicle immobilization, a fine of $200 – $1,000, up to 1 year imprisonment, and 30 to 90 days of community services.

OWI Michigan MCL Section 257.625

(7) A person, whether licensed or not, is subject to the following requirements:

(a) He or she shall not operate a vehicle in violation of subsection (1), (3), (4), (5), or (8) while another person who is less than 16 years of age is occupying the vehicle. A person who violates this subdivision is guilty of a crime punishable as follows: … Read More …

Experienced Defense

The potential penalties for an OWI conviction, even if it’s a first offense can be extremely serious; adding charges of child endangerment increases the severity. If you have been charges with a child endangerment offense we recommend you consult with an experienced OWI attorney. At Criminal Legal Services, our attorneys specialize in defending those charged with OWI and child endangerment offenses; and will fight to protect your rights.

Some people think the deck is stacked against them – however there are a number of legal defenses and it’s even possible to defeat an OWI Child Endangerment case. Having the right attorney can make all the difference, contact us now for a free consultation with an experienced attorney.

Additional Information:

– Operating While Intoxicated – OWI / DUI
– Operating While Visibly Impaired – OWVI
– Operating While Intoxicated Drugs – OWID
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