Under Michigan law, it is not legal for a person to operate a vehicle when their blood alcohol content (BAC) is .08% or higher. If there is a child under the age of 16 in the car, a person will be facing charges under MCL 257.625(7) — child endangerment. On a first offense that is a misdemeanor, not a felony; it becomes a felony on a second or subsequent offense within 7 years. If you have been arrested for DUI Child Endangerment, you need the help of an experienced criminal defense lawyer to help you get the best results possible. Driving drunk with a child in your car makes your case harder to handle for your attorney and also causes you to face more serious charges and punishments.
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DUI Law and Child Endangerment
You may drive legally under Michigan law when you have been drinking if you are 21 years old, your BAC while driving is under .08% and while driving you do not show any signs of being impaired by alcohol. If a person driving is under the age of 21, Michigan has a zero tolerance policy. This simply means that there can be no signs of alcohol in your system. Michigan law has one exception. A person under the age of 21 can have a BAC of under .02% if the alcohol in their system was consumed because of a religious ceremony.
What is the Punishment for DUI Child Endangerment?
A person who is convicted of a first offense DUI Child endangerment will be guilty of a misdemeanor. The fines range from $200 to $1,000 dollars. A person can expect to be sentenced to five days to one year in jail. This person will also have to complete 30 to 90 days of community service. Attorney Shawn Haff of Criminal Defense Attorney Shawn Haff will fight for your rights to your case can get the best possible outcome. If you are facing a felony charge of DUI Child Endangerment, a person can expect to face fines of $500 to $5,000 dollars. You can also face up to 5 years in jail and 60 to 180 of community service.
"I was involved in a car accident which was not my fault. I was hurt and my daughter’s car was severely damaged. I was having pain from this accident and due to complications ended up in the hospital. Mr. Tom Dunaway negotiated with the insurance company and I was awarded a big settlement. I can’t imagine ever using another Attorney for anything. I would recommend Mr. Tom Dunaway and his staff to any of my friends and family. The [paralegals] working in his office made certain that all my questions were answered and my phone calls returned. Mr. Tom Dunaway worked on my case until he got the results that we wanted." Wayne KClient read more testimonials
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What MCL 257.625(7) Actually Provides
There is a lot of bad information about this charge online, including the claim that any OWI with a child in the car is automatically a felony. That is wrong, and the difference matters enormously to your case.
First offense — a misdemeanor
A first violation is a misdemeanor. The sentence must include a fine of not less than $200 and not more than $1,000, and one or more of the following:
- imprisonment for not more than 1 year, or
- community service for not less than 30 days and not more than 90 days.
Second or subsequent offense within 7 years — a felony
A second or subsequent violation within 7 years is a felony. The sentence must include a fine of not less than $500 and not more than $5,000, and either:
- imprisonment under the jurisdiction of the Department of Corrections for not less than 1 year and not more than 5 years, or
- county jail for not less than 30 days and not more than 1 year, plus community service of not less than 60 days and not more than 180 days.
The Consequence Nobody Warns You About
The criminal penalty is frequently not the worst part of one of these cases. An arrest with a child in the vehicle can generate a Children's Protective Services referral, and that is a separate proceeding with its own timeline, its own investigators, and its own consequences for custody and parenting time. If you are in a custody dispute, expect the other side to hear about this charge.
That is why these cases have to be defended with both proceedings in view from the first day. Handling the criminal case in a way that ignores the CPS or custody exposure is how people win the misdemeanor and lose something far more important.
How the Charge Is Defended
This charge rides on the underlying OWI — if the drunk driving case does not hold up, the enhancement goes with it. So the defense starts in the same places: the lawfulness of the stop, whether the state can prove operation, and the reliability of the testing. See field sobriety and chemical tests and implied consent. Beyond that, the age of the passenger and who was actually operating the vehicle are both elements the prosecutor has to prove, not facts that come free with the arrest.
Frequently Asked Questions
Is OWI with a child in the car a felony in Michigan?
Not on a first offense. Under MCL 257.625(7) a first violation is a misdemeanor carrying a fine of $200 to $1,000 plus up to 1 year in jail and/or 30 to 90 days of community service. It becomes a felony on a second or subsequent violation within 7 years, punishable by 1 to 5 years or 30 days to 1 year in county jail plus community service, and a fine of $500 to $5,000.
What age counts as a child for this charge?
A passenger less than 16 years of age. The passenger’s age is an element the prosecutor has to prove.
Will Children’s Protective Services get involved?
It happens frequently. An OWI arrest with a child in the vehicle can generate a CPS referral, which runs as a separate proceeding from the criminal case and can affect custody and parenting time. Both need to be handled together from the beginning.
Can this charge affect my custody case?
Yes. A charge involving a child in the vehicle is exactly the kind of allegation that surfaces in a custody dispute, whether or not CPS opens a file. Defending the criminal case with the custody consequences in mind is part of the job.
Talk to Me Before You Talk to Anyone Else
I am Shawn Haff, and I defend drunk driving cases across Kent, Ottawa, Allegan, Barry, Ionia, Muskegon, Newaygo, and Van Buren counties. The call is free, I answer my own phone, and on an OWI the clock starts running the day you are arrested. Call 616-438-6719 or send me a message.