Under Michigan law, no one is allowed to transport a child under the age of 16 while they are under the influence of alcohol. It is also illegal to transport a child under the age of 16 with any amount of a controlled substance still located in your system. A conviction for OWI child endangerment in Michigan will have a harsh impact on your life. Because of this, you should call Shawn immediately at 616-438-6719 to talk about your case.
OWI Child Endangerment Penalties
A conviction that is a first offense OWI child endangerment charge is a misdemeanor. The maximum punishment a person convicted of this charge face is up to one year in prison. You will be required to spend at least 48 hours in jail. Your fines will be anywhere from $200 to $1,000 plus court costs. You will fave up to 90 days of community service and your driving privileges will be revoked. Convicted, you could face fines ranging from $200 to $1,000 (plus court costs), 30 to 90 days of community service, and the revocation of your driver’s license.
A second offense OWI Child endangerment is a felony charge and penalties are increased. Fines will now range between $500 and $5000, plus court costs. You will face up to five years in prison. Community service can be ordered as well. The maximum community service time is 180 days. You will face a one-year revocation of your license. You care can be immobilized for up to 180 days.
If the driver is underage and driving someone under the age of 16, the driver could be given to 60 days of community service or $500 in fines or 93 days in jail.
A second underage conviction for child endangerment could result in $200 to $1,000 in fines. Court costs will be added on as well. Incarceration of up to a year in jail, 48 hours of which are mandatory and up to 90 days of community service.
The statue that covers OWI Child Endangerment is found here.
OWI Child Endangerment And CPS
A person charged with child endangerment will probably be reported to the Michigan Department of Child Protective Services for an investigation. When this happens, you will have a particular case worker assigned to investigate the issue of child neglect. Child protective service works are not looking for reasons to separate family members. They do not want to see parents losing their child and children losing contact with their parents. While CPS workers will diligently investigate the cases they are on, they are more often than not, very reasonable. The Criminal Defense Law Center of West Michigan urges people under investigation to be polite and respectful with CPS workers. They have the power of the law to take your child away if they find good cause to do so. Do not give them any reason to do so.
Child neglect is defined as by CPS as: Harm or threatened harm to a child’s health or welfare by a parent, legal guardian, or any other person responsible for the child’s health or welfare that occurs through either of the following: negligent treatment or placing a child at an unreasonable risk to the child’s health or welfare by failure to intervene to eliminate that risk when that person is able to do so and has.
The results of most CPS investigations in cases involving child endangerment are concluded without a child being separated from their families. When our clients follow the advice of our Shawn and his and DUI defense lawyers, the file is closed after attending a brief parenting class. When you follow our advice, most cases close up fairly quickly and the parent and child are not separated.
How Can A Child Endangerment Defense Attorney Help Me?
If you have been arrested and charged with a DUI-related child endangerment offense, you need to call Shawn right now at 616-438-6719! The call is free! The Criminal Defense Law Center of West Michigan is ready to put our knowledge, skill and years of experience to work for you!.
Being arrested doesn’t mean you are guilty of anything at all. Law enforcement officers make mistakes, sometimes major mistakes and they are certainly not perfect! Shawn or one of his skilled criminal defense lawyers will make sure that your case is fully investigated and all the evidence against you reviewed and analyzed. Here are some areas we can review and use to win your case:
- The initial stop of your vehicle — was it legal?
- The search of your vehicle — was it legal?
- Did the officer read you your Miranda rights?
- Were you aware of the age of the occupant of your vehicle?
- Was the analysis of the breathalyzer test conducted properly?
- Were there any special factors that could have made the tests inaccurate?
- The tests used to determine that you were over the legal limit — where they administered properly?
After The Criminal Defense Law Center of West Michigan completes all these steps, we will decide if we can take your case to trial and win or if you should take the best plea bargain possible. Let Shawn get started on your case right now, call him right now at 616-438-6719! The call is free, will you be?
Our Criminal Defense Lawyers in West Michigan Proudly Serve: Kent County, Ottawa County, Allegan County, Ionia County, Barry County, Berrien County, Mason County, Manistee County, Mecosta County, Oceana County, Muskegon County, Montcalm County, Newaygo County, Kalamazoo County, Lake County, Van Buren County, and the City of Grand Rapids, Michigan.
Our Grand Rapids Criminal Lawyers Also Proudly Serve The West Michigan Cities Of: Grand Rapids, Holland, Allendale, Wyoming, Kentwood, Grandville, Walker, Hudsonville, Grand Haven, Coopersville, Spring Lake, Ionia, Hastings, Stanton, Newaygo, White Cloud, Zeeland and Allegan.