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Driving Under the Influence of Alcohol with Your Children in the Car

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There are serious criminal repercussions that may arise if you drink and drive with your children in the car in Washtenaw County. Not only will you be charged for operating a motor vehicle while intoxicated (OWI), but you will also face child endangerment charges as well.

For instance, a Michigan mother was recently arrested for an OWI while her kids were in the car. The mother was initially stopped because she did not have her headlights on while it was dark out and for excessive speeding. The mother had a seven-year-old and fifteen-year-old child in the vehicle. The mother allegedly failed the field sobriety test and her blood-alcohol-content was .126%.

Shemika Allen, another Michigan mother, was pulled over near Wattles Road for speeding. Law enforcement officials stated that Allen was drunk with four kids in the car.

47-year-old Orion Township mom Pamela Marie Kroll was also arrested for driving with a blood alcohol content over four times the legal limit. Her 9-year-old son was in the back seat of her car at the time of the arrest.

Read on to learn more about the criminal penalties and sentencing you may incur as a result of drunk driving with your kids in the car.

Operating a Motor Vehicle While Intoxicated in Ann Arbor

Operating a motor vehicle under the influence of alcohol or drugs is a crime in Michigan. Under Michigan law, it is illegal to drive:

1. While intoxicated, or impaired by alcohol, illegal drugs, and some prescribed medications;

2. With a bodily alcohol content of .08% or more;

3. With a bodily alcohol content of .17% or more ("Super Drunk" law); or

4. With any amount of cocaine or a Schedule 1 controlled substance in your body.

Additionally, it is against the law to drive a vehicle under the above circumstances while a child under the age of 16 occupies the vehicle. If this occurs, you will face a child endangerment charge in addition to a possible felony OWI charge.

Child Endangerment OWI Penalties & Sentencing

Conviction

Court Fines

Jail Sentence

License Suspension

1st Offense

Misdemeanor

$200 to $1000

Up to one year in jail.

240-720 hours of community service.

Driver's license suspended for up to 90 days followed by 90 days restricted driving and 6 points added to driver's record.

2nd Offense

Felony

* A second offense within 7 years is a felony.

$500 to $5000

Up to five years in prison. 400-1440 hours of community service.

Driver's license revoked for a minimum of one year and 6 points added to driver's record.

Click here for drunk driving penalties and sentencing in Ann Arbor/Washtenaw County.

If you have been charged for an OWI and child endangerment in Ann Arbor, contact me for a case review. Call 734.274.6567 to speak with me.

Sources

More Mothers Arrested for Drunk Driving with Kids in Car

Potential Criminal Liability- General Child Endangerment Statutes

Michigan mother arrested for OWI with kids in car

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