In Michigan, a person who drives while intoxicated, impaired, or under the influence of drugs, marijuana or prescribed medications, with a child under the age of 16 years of age as a passenger, faces an enhanced charge known as "child endangerment" in Michigan. A second child endangerment conviction within 7 years is a felony!
In most cases, a person charged with child endangerment will be reported to the Michigan Department of Child Protective Resources for an investigation. The case worker will 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.
It just takes one phone call to ABDO LAW to get answers to your most pressing legal questions and a same day appointment. Our attorneys will take swift action to get your case under control to facilitate the best course of action and obtain a favorable result. Initially, we will order the police report, and advise our clients what to expect in a Child Protective Services investigation. We have found that our advice can shorten the involvement and extent of investigation by Child Protective services in these matters.Child Endangerment Penalties
Child endangerment carries greater penalties than offenses classified as OWI or impaired driving.
1st Offense Child Endangerment, Passenger Under Age 16
|License Sanctions||90 days suspended, 90 days restricted|
|Maximum Jail||5 days to 1 year|
|Maximum Fine||$200.00 to $1,000.00, plus costs|
|Community Service||30 to 90 days|
|Vehicle Immobilization||0 to 180 days|
2nd Offense Child Endangerment within 7 Years is a Felony
|License Sanctions||Indefinite revocation for 2 offenses within 7 years or 3 within 10|
|Maximum Jail||1 to 5 years in prison or, or probation with imprisonment in the county jail for not less than 30 days to 1 year and community service for not less than 60 days or more than 180 days.|
|Maximum Fine||$500.00 to $5,000.00, plus costs|
|Community Service||60 to 180 days|
|Vehicle Immobilization||1 to 3 years unless forfeited|
|License Plate Action||Confiscated|
Michigan also has a “zero tolerance” child endangerment law when a driver under the age of 21 has a passenger under age 16 and gets caught with any amount of alcohol.
The prosecutor will usually add an additional charge of “operating while intoxicated” along with charging for child endangerment.
A child endangerment conviction can label you for a lifetime. ABDO LAW has been able to avoid child endangerment convictions for many clients facing this dreadful charge. We can also provide proactive advice to those charged with child endangerment and face an inquiry by Child Protective Services.
Our lawyers can effectively defend clients charged with child endangerment in all courts including Macomb, Oakland, St. Clair and Wayne Counties.
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