Child Endangerment DUI Law Violations in Michigan

1. Child Endangerment by Violating the law on Operating While Intoxicated, With Controlled Substances In The Body, Or While Visibly Impaired

Under Michigan DUI law (M.C.L. 257.625), it is against the law to operate a vehicle while intoxicated, or with controlled substances in the body, or while visibly impaired, with someone who is less than 16 years of age occupying the vehicle.

If you are being charged for child endangerment, we recommend that you contact a Michigan DUI attorney immediately.

AN OVERVIEW OF THE PUNISHMENT ENFORCED

First Offense Misdemeanor

If you are found guilty of endangering a child and it is your first offense, then you will be guilty of a misdemeanor and shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and to 1 or more of the following:

• Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of this imprisonment shall be served consecutively. This term of imprisonment shall not be suspended.
• Community service for not less than 30 days or more than 90 days.

Note: The court may also order the vehicle to be immobilized unless it is ordered forfeited pursuant to MCL 257.625n.

Felony Charge for Second or Third Offense

If you are found guilty of endangering a child and this violation occurs within 7 years of a prior conviction or after 2 or more prior convictions, regardless of the number of years that have elapsed since any prior conviction, you will be guilty of a felony and shall be sentenced to pay a fine of not less than $500.00 or more than $5,000.00 and to either of the following:

• Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years; or
• Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60 days or more than 180 days. Not less than 48 hours of this imprisonment shall be served consecutively. This term of imprisonment shall not be suspended.

Note: The court may also order the vehicle to be immobilized unless it is ordered forfeited pursuant to MCL 257.625n.

2. Child Endangerment by Violating the Zero Tolerance Law

Under Michigan DUI law (M.C.L. 257.625), it is against the law for a person less than 21 years of age to operate a vehicle that has any bodily alcohol content while another person who is less than 16 years of age is occupying the vehicle.

If you are charged with child endangerment by violating the zero tolerance law, we recommend you contact a Michigan DUI attorney immediately.

AN OVERVIEW OF THE PUNISHMENT ENFORCED

First Time Offense Misdemeanor

If you are found guilty of child endangerment by violating the zero tolerance law, you will be guilty of a misdemeanor punishable by one or more of the following:

• Community service for not more than 60 days.
• A fine of not more than $500.00.
• Imprisonment for not more than 93 days.

Felony Charge for Second or Third Offense

If the child endangerment violation occurs within 7 years of a prior conviction or after 2 or more prior convictions, regardless of the number of years that have elapsed since any prior conviction, you will be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and to 1 or more of the following:

• Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of this imprisonment shall be served consecutively. This term of imprisonment shall not be suspended.
• Community service for not less than 30 days or more than 90 days.

Note: The court may also order the vehicle to be immobilized unless it is ordered forfeited pursuant to MCL 257.625n.

If you have any questions or doubts about the Michigan DUI law related to child endangerment, or if you were recently arrested for child endangerment, please contact a licensed Michigan DUI attorney. For a free legal consultation and case review, click on the link below.