Child Endangerment

ANY DUI with Occupant Under Age 16

Child endangerment is rarely done intentionally. Those finding themselves in this position may have indulged and believed that they could operate a motor vehicle safely to their next destination without an incident.

In Michigan, a person who drives while intoxicated, impaired, or under the influence of alcohol, drugs, marijuana or prescribed medications, with a child under the age of 16 years of age as a passenger, faces an enhanced DUI charge known as "child endangerment".

DUI Representation in Macomb, Oakland, St. Clair & Wayne
CALL: Metro Detroit: 586-412-5555 or Toll Free: 844-Got-Abdo

Child Endangerment Penalties

Child endangerment carries greater penalties than other DUI offenses classified as OWI (.08 to .16) OWVI (impaired driving). Super DUI (OWI w/High BAC .17 or more) is a serious offense and carries harsh license sanctions but it does not carry the stigma associated with child endangerment.

First Offense Child Endangerment, Passenger Under Age 16
License Action90 days suspended, 90 days restricted
Maximum Jail5 days to 1 year
Maximum Fine$200.00 to $1,000.00, plus costs
Community Service30 to 90 days
Vehicle Immobilization0 to 180 days
Second Offense Child Endangerment within 7 Years (FELONY)
License ActionIndefinite revocation for minimum of 1 year
Max Jail1 to 5 years in prison or county jail option
County Jail Option30 days to 1 year in jail w/probation
Max Fine$500 to $5000, plus costs
Community Service60 to 180 days
Immobilization1 to 3 years unless forfeited
License PlateConfiscated

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CPS Investigation

A person charged with child endangerment may be reported to the Michigan Department of Child Protective Resources for an investigation. If this occurs, a case worker will be assigned to investigate the issue of child neglect.

Child neglect is defined 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 end on a positive note. For almost 100% of clients following the advice of our criminal and DUI defense lawyers, the file is closed after attending a brief parenting class. We have found that our advice can shorten the involvement and extent of an investigation by Child Protective services in these matters.

Child Endangerment DUI Defense Attorneys

Since 1980, ABDO LAW has formulated winning strategies for clients facing criminal and DUI charges in every Metro Detroit courthouse located in the counties of Macomb, St. Clair, Oakland and Wayne. For those charged with child endangerment, our attorneys will take swift action to get your case under control by ordering the police report, police video and preparing our clients to deal with a CPS investigation.

Being charged with child endangerment doesn't automatically mean jail time. In addition, there is always the possibility of a plea bargain to a reduced charge with probation (no jail) if your record is clean and there was no accident or injuries. A formal deviation request is a possible way to get the prosecutor to take a closer look at file for a plea bargain in cases involving public policy or when there is difficulty in pretrial negotiations. Challenging the traffic stop and police testing protocols in the courtroom are also an option in every DUI case.

Macomb, Oakland, Wayne, & St. Clair

EMAIL or CALL Abdo Law for a FREE CONSULTATION. Phone messages are forwarded to our attorneys. We offer same day, evening, weekend appointments and the ability to retain us over the internet. Payment plans and all credit cards accepted.

CALL: Metro Detroit: 586-412-5555 or Toll Free: 844-Got-Abdo