Operating a vehicle under the influence in Massachusetts while transporting a minor can result in child endangerment charges and additional penalties. If you have recently been arrested for operating under the influence (OUI) while with a child in Massachusetts you should immediately speak with a skilled defense lawyer.
Massachusetts takes a harsh stance when parents, guardians, or caretakers get behind the wheel of a vehicle after consuming alcohol and an underage child is present. Because child endangerment is defined as an activity that puts a child's physical, mental, or social well being at risk, driving while intoxicated could easily lead to this charge.
The penalty for Massachusetts OUI child endangerment depends on a number of factors, including but not limited to the jurisdiction of the offense, the age of the child, and the number of prior OUI offenses on the driver's record.
In addition to the existing consequences for OUI, a person convicted of child endangerment may be ordered to serve additional jail time and pay hefty fines. The defendant may also have their license suspended or revoked.
An experienced and talented Massachusetts OUI lawyer will evaluate the viability of various defenses in order to determine the best strategy to defend you. Your OUI lawyer may also review the results of your chemical testwhether it was breath, blood, or urineto determine if it was conducted on faulty equipment or by a law enforcement agent who did not receive the proper training. These tests have numerous shortcomings that can artificially inflate your results. If your lawyer can challenge the results of these tests in order to support the claim that you were not under the influence, there is a good chance that your Massachusetts OUI child endangerment charges could be dropped.