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Child Endangerment While Operating Under the Influence

In Massachusetts, under MGL c. 90 s. 24V, operating under the influence with a child 14 years old or younger in the motor vehicle carries mandatory minimum jail time.

In order to be convicted of this offense, the prosecution must prove that you did:

In addition for the penalties for operating under the influence, you also face the following enhanced penalties for this charge, which must be served on and after (in addition to) the penalties for the underlying OUI charge:

  • $1,000 fine (minimum) up to $5,000 fine
  • 90 days in jail (minimum) up to 2 1/2 years in jail
  • 1 year loss of license (mandatory)

A subsequent conviction for this offense is punishable by:

  • $5,000 fine (minimum) up to $10,000 fine
  • 6 months in jail (minimum) up to 5 years in state prison
  • 3 years loss of license (mandatory)

If you are charged with this offense, and the child involved is your own, it is possible that the Department of Children and Families may get involved to determine whether your your child's best interest would be served by living in a foster home.

If you are charged with this offense, or being investigated for this offense, it is very important that you not discuss the facts with any member of law enforcement. Sometimes the police forget to take the name and information of the child in your car. If they cannot prove that the person in your vehicle was in fact 14 or under, you cannot be convicted for this offense. Do not help the police make their case against you.

Please visit our sister website,, which is dedicated exclusively to motor vehicle crimes.

If you have been charged with child endangerment by operating under the influence, contact our office immediately:(617) 830-2188

Client Reviews
"Ben Urbelis recently represented me in an OUI case in which I had crashed my car. I honestly did not believe I had any chance of beating it, but fortunately for me Ben was outstanding and all charges were dropped. In my first hearing he was calm, assertive and straight to the point. I was extremely impressed and satisfied. I left my hearing feeling confident that I had made the right choice of hiring him. I am positive I would have lost this case and walked away with an OUI if I hadn't. I am very happy with how he handled my case and how reassured I felt having him as my lawyer." MC
"Benjamin Urbelis, an attorney with Urbelis Law LLC, took our call late in the evening when we needed him. Benjamin explained the legal process in a manner that we could understand and provided the legal representation needed to clear up the issue immediately. His experience and credentials were evident in the way in which he handled all of the details of our case and achieved complete success. Thank you Benjamin for your professionalism and wise counsel." FB
"Huge thank you to not only my friend, but my lawyer,Ben Urbelis..I presented him with a case that at first was a bit tricky on paper... but we worked hard together and got all information we needed to prove i was innocent! He knew from the get go a year ago that he was gonna smash this case, and he did!! Cant thank you enough man! If anyone needs a lawyer, hes your guy... no question" PB