Child Endangerment While Operating Under the Influence of Alcohol or Drugs
Boston DUI Child Endangerment Lawyer serving Massachusetts and the Greater Boston area including South Boston, Brockton, Cambridge, Somerville, Quincy, New Bedford, Taunton, Attleboro, Lowell, Woburn, Medford, Waltham, Wareham, Lynn, Lawrence, Wrentham, Dedham, Salem, Fall River, Brookline, Chelsea, Worcester, Framingham, Everett, Revere, Dorchester and Roxbury and all smaller cities and rural areas in Massachusetts.
Department Of Children and Families (DCF)
DCF will often get involved in situations where children were passengers in a motor vehicle that was pulled over for OUI. The courts will notify DCF that a child was in the vehicle and they will likely undertake an investigation to determine what is in the best interest of the child.
DCF could take temporary custody of the child and any other children living in the defendant’s home. DCF would then create a care plan that would put in place alcohol treatment and supervised parental visits. In extreme cases DCF can take permanent custody and place the children in foster care.
Anyone convicted of this change faces incarceration in a house of correction at least 90 days but no more than 2 ½ years, a $1,000 to $5,000 fine, and a 1-year loss of license.
Child Endangerment With OUI Subsequent Offense
There are enhanced penalties for anyone convicted of OUI Child Endangerment Subsequent Offense. Anyone convicted a second or subsequent offense faces incarceration for at least 6 months but no more that 2 ½ years in a house of correction or 3 to 5 years in state prison, with a 6 month minimum mandatory sentence, and a 3 year loss of license.
In some situations the prosecutor might be willing to drop the child endangerment charge if the defendant agrees to plead guilty on the OUI charge. In most cases though the best approach is to try an get a not guilty on the operating under the influence charge.
The Prosecution will use any of the following to prove the defendant was intoxicated:
1. Odor of Alcohol: Police officers will almost always testify that they observed a strong odor of alcohol on the defendant’s breath after they pulling him over. It is important to understand that it is not illegal to drive a vehicle after having a drink. Your defense attorney show know that pure alcohol is odorless and that it is the additives that are added to alcoholic drinks that create the smell of alcohol. Usually
2. Glassy and Bloodshot Eyes: Police officers will almost always testify that they observed the defendant with glassy and bloodshot eyes. There are several reasons for glassy and bloodshot eyes though: allergies, lack of sleep, prescription eye-wear problems, sitting in front of a computer screen for hours
3. Slurred Speech: Police officers will almost always testify that they observed the defendant speaking with slurred or thick tongued speech. However, a foreign accent, speech impediment could be to blame. The fact that the officer never spoke with the defendant prior to the arrest is also beneficial to the defendant.
4. Field Sobriety Tests: A police officer will usually have the suspect perform three of the following tests. Most officers usually choose the first three:
- nine-step heel-to-toe and turn,
- One Leg Stand,
- horizontal gaze nystagmus (eye test),
- reciting the alphabet, or
- touching a finger to the nose.
5. Breathalyzer Test: Read more about the breathalyzer test and if you can deny taking it.
Boston Criminal Defense Attorneys for Charges of Child Endangerment While Operating Under the Influence of Alcohol or Drugs