Under Michigan law, drunk driving and operating with a child under 16 in the vehicle is considered DUI child endangerment, a criminal offense. While any offender who was driving under the influence (DUI) is subject to severe penalties, when a child is involved and charges of child endangerment are also applicable, the potential consequences of a conviction are enhanced.
According to the Centers for Disease Control and Prevention, 1.9 percent of surveyed adults reported driving after drinking too much. Recent data from the Insurance Institute for Highway Safety shows more than a quarter of all drivers who die in crashes in the United States have a blood alcohol content (BAC) of 0.08 or higher. In 2016 alone, more than 7,000 lives could have been saved if all drivers were below the legal limit of 0.08. In 2017, 19 percent of traffic fatalities of children age 14 and younger occurred in alcohol-impaired driving crashes. These troubling statistics support the need for specific child endangerment laws in addition to standard DUI laws.
Facing charges of child endangerment DUI can have severe consequences for the defendant. This is why it is important to seek the help of an experienced Michigan DUI child endangerment lawyer. Having a skilled lawyer may be able to help an individual facing charges of child endangerment protect their rights and their freedom.
Contact our firm today to speak with an experienced Michigan criminal defense attorney.
The laws of around forty states, including Michigan, consider DUI with a child in a vehicle a misdemeanor. Different states have different laws regarding operating while intoxicated with child passengers. For example, the Georgia driving to harm law targets children younger than 14 years old but adds a new DUI offense for each child passenger.
According to a paper that was published in 2005 by NHTSA (the National Highway Traffic Safety Administration), “The Fatality Analysis Reporting System (FARS) estimated that between 1985 and 1996 463 children 14 and younger were killed in alcohol-related car crashes. Sixty-four percent of these children were killed at the hands of their guardians; they were passengers in the impaired driver’s vehicle. More than 16,000 other children were injured. Unfortunately, the situation is worsening.”
A child endangerment conviction in Michigan could have a lasting impact on your life. A child endangerment charge in Michigan could have a negative impact on your relationships with your child if you’re a parent. A DUI-OWI conviction can also be used to limit your visitation or custody rights if you’re divorcing and have a custody agreement with your ex-spouse. This is why it is important to retain the services of an experienced DUI defense attorney.
Contact Michigan Defense Law today to schedule a consultation with a skilled DUI lawyer in Macomb County or Oakland County. Free consultation: (248) 451-2200.
A first-time conviction for driving under the influence may result in:
A first offense child endangerment charge related to DUI is a misdemeanor. Penalties may include:
A second child endangerment charge related to DUI within seven years, and any subsequent offenses, is a felony and may result in:
Placing a child at risk for harm is child neglect. Under state Child Protection Laws, cases involving child neglect must be reported to the Michigan Department of Child Protective Services (CPS).
The social stigma of undergoing investigation by CPS may be embarrassing, and could even impact a parent’s custody or visitation rights in divorce proceedings. Additionally, the ability to adopt or foster a child could be restricted.
Michigan child endangerment defense attorneys Paul Tafelski and David Goukassian of Michigan Defense Law have extensive experience in every aspect of criminal law, including helping clients deal with and recover from CPS investigations.
At Michigan Defense Law, our clients are our priority, and our commitment is to provide the best defense possible in every case. We thoroughly investigate the circumstances of every arrest to identify potential challenges to the evidence. Our experienced DUI lawyers have handled hundreds of cases with successful results.
In order for an arrest to be valid, there must have been sufficient evidence to support the arresting officer’s belief that the motorist was driving under the influence. If the arresting officer did not have evidence that the driver was under the influence of alcohol, then the arrest may be invalidated.
Countless factors can skew blood alcohol test results, and accuracy depends on continuous quality control.
A driver’s BAC reading can be excluded from use in court for any number of reasons, including but not limited to:
In cases where a field sobriety test was administered, the National Highway Traffic Safety Administration recommends these tests should not be given if the subject:
The legal team at Michigan Defense Law is thorough, diligent, and ready to put our years of experience and knowledge to work for you.
Some of the things we do for our clients include:
Michigan Defense Law is committed to serving our clients with alcohol-related and child endangerment charges. Our team works to protect every client’s rights, and preserve their driving privileges. Regardless of whether you have been charged with a felony or misdemeanor, you need an effective advocate on your side.
If you have been charged with child endangerment in addition to DUI charges, you are facing serious potential penalties. Our attorneys have the knowledge, resources, and experience to challenge the charges and avoid a conviction that could result in imprisonment, probation, and fines, and that may impact an individual’s driving privileges, future job and education prospects, and lifetime insurance rates. Contact our law firm today to speak with an experienced Michigan owi child endangerment defense lawyer.
The attorneys at Michigan Defense Law understand the stress caused by DUI and child endangerment charges and are here to answer the questions you may have about your options and your future.
Contact our law firm today at (248) 451-2200 or online to schedule a free consultation and learn if we may be able to help you.