The passing of "Melanie's Law" by the Massachusetts State Legislature in October 2005 created the new crime of Child Endangerment While Operating Under the Influence of Alcohol or Drugs. 

Massachusetts DUI Laws now make it a criminal offense to operate a motor vehicle while under the influence of alcohol or drugs with a child 14 years of age or younger in the car.

The penalty imposed for the crime of Child Endangerment While OUI / DUI Alcohol or Drugs is:

• 1st Offense: 90 days to 2.5 years imprisonment in the House of Corrections, with fines of $1,000 to $5,000.  The Massachusetts Registry of Motor Vehicles will also suspend the person's license for 1 year.
  

• 2nd Offense: 3-5 years in state prison or 6 months to 2.5 years imprisonment in the House of Corrections; with fines of $5,000 to $10,000.  The Massachusetts Registry of Motor Vehicles will also suspend the person's license for 3 years.

Therefore, if a person is arrested for a DUI in Massachusetts and has a child under 14 in the car, he could technically be charge with Driving Under the Influence and Child Endangerment While Driving Under the Influence.

Particularly since the passing of harsher drunk driving laws in Massachusetts since "Melanie's Law", persons charged with any Massachusetts DUI / OUI or Related Crimes should immediately Consult with a Boston DUI / OUI Lawyer.

Boston Criminal Defense Attorney Lefteris K. Travayiakis is available 24/7 for consultation, and can be contacted by Clicking Here for a Free Consultation or at 617-325-9500.