Child Endangerment

Child Endangerment, OWI, OWVI, OWPD with Occupant Under Age 16

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 Sanctions90 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

2nd Offense Child Endangerment within 7 Years is a Felony

License SanctionsIndefinite revocation for 2 offenses within 7 years or 3 within 10
Maximum Jail1 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 Service60 to 180 days
Vehicle Immobilization1 to 3 years unless forfeited
License Plate ActionConfiscated

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.

Call the ABDO LAW FIRM 24 Hours Phone: 586-412-5555
Toll Free: 844-Got-Abdo

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