You were stopped for OUI, and there was a child in the car. That second fact adds a separate charge, child endangerment while operating under the influence, under G.L. c. 90, § 24V. It carries a mandatory 90 days in jail on a first offense, a separate one-year license suspension, and no continuance without a finding. It is one of the few OUI-related charges where a first offender faces guaranteed jail time if convicted, so how you defend it matters from day one.
At a Glance: OUI-Child Endangerment
90 days minimum
up to 2½ years in the house of correction, first offense
On top of the OUI
any sentence runs after, not with, the OUI sentence
1-year license loss
3 years for a second or subsequent offense
No CWOF, no file
and no pretrial probation or diversion
The law: G.L. c. 90, § 24V
What OUI-Child Endangerment Is
Section 24V is an add-on charge. It applies when a person commits one of the listed impaired-operation offenses “with a child 14 years of age or younger in the motor vehicle or vessel.” The statute says that person “shall also be guilty” of child endangerment and faces “an enhanced penalty.”
The listed offenses are:
- OUI under G.L. c. 90, § 24(1)(a), whether based on alcohol, marijuana, drugs, or a blood alcohol level of .08 or more.
- Motor vehicle homicide while under the influence, G.L. c. 90, § 24G(a) or (b).
- OUI causing serious bodily injury, G.L. c. 90, § 24L.
- Operating a boat or vessel under the influence, and the related injury and death offenses, G.L. c. 90B, §§ 8(a), 8A, and 8B.
- Manslaughter while operating under the influence, G.L. c. 265, § 13½.
Most § 24V cases involve an ordinary OUI with a child passenger.
What the Commonwealth Must Prove
The Commonwealth must prove each of these elements beyond a reasonable doubt:
- You committed one of the listed offenses. For a standard OUI, that means you operated a motor vehicle, on a public way or a place the public has access to, while under the influence or with a blood alcohol level of .08 or more.
- A child 14 years of age or younger was in the vehicle at the time.
Because § 24V depends on the underlying offense, if the OUI is not proved, the child endangerment charge fails with it. Every defense to the OUI is also a defense to § 24V.
Penalties
For a first offense, § 24V carries:
- A fine of $1,000 to $5,000.
- 90 days to 2½ years in the house of correction.
For a second or subsequent offense (a prior § 24V violation or “a like offense in another jurisdiction”), the penalty rises to:
- A fine of $5,000 to $10,000.
- 6 months to 2½ years in the house of correction, or 3 to 5 years in state prison.
- No reduction below 6 months, no suspended sentence, and no probation, parole, furlough, or good-conduct deductions until 6 months are served. The only exceptions are limited temporary releases for a relative’s funeral, a visit to a critically ill relative, emergency medical or psychiatric care, or work release.
Because a second offense can be punished in state prison, it is a felony. A first offense, which carries only house of correction time, is a misdemeanor. See the difference between misdemeanors and felonies.
License Consequences
Under § 24V(b), the Registry must suspend your license for 1 year on a first offense and 3 years for a second or subsequent violation.
That suspension is separate from the license loss on the OUI itself. Breath test refusal suspensions and the underlying OUI suspension can also apply. See how long you lose your license for an OUI.
How § 24V Relates to the Underlying OUI
Section 24V does not replace the OUI charge. The statute says the driver “shall also be guilty” of child endangerment, so the § 24V count is charged alongside the underlying offense. The statute then sets rules that apply specifically to the § 24V charge:
- Consecutive sentence. Any § 24V sentence “shall be served consecutively to and not concurrently with” the sentence on the underlying offense.
- Separate license suspension. The § 24V suspension is in addition to any suspension on the OUI itself.
- No file, no CWOF. A § 24V prosecution “shall not be placed on file or continued without a finding.”
- No pretrial probation or diversion. Pretrial probation under G.L. c. 276, § 87 and pretrial diversion under G.L. c. 276A do not apply to a person charged under § 24V.
Defenses
Defenses fall into two groups: attacking the OUI, and attacking the child element.
- No lawful stop. If police lacked a valid reason to stop the car, evidence that followed may be suppressed.
- Operation. The Commonwealth must prove you were operating the vehicle, not just sitting in it.
- Impairment. Having a drink is not a crime. The question is whether alcohol or drugs diminished your ability to drive safely. Field sobriety tests, officer observations, and video are often open to challenge.
- Breath or blood tests. Test results depend on timing, certified operators, proper procedure, and working equipment. See blood testing for OUI.
- The child’s age. The statute covers a child 14 years of age or younger. A 15-year-old passenger does not qualify, and the Commonwealth must prove the child’s age with competent evidence.
- Presence in the vehicle. The child must have been in the vehicle while you were operating it, not arriving later or waiting elsewhere.
Why a Lawyer Matters
The statute closes off a CWOF, a filing, pretrial probation, and diversion on the § 24V charge, and a conviction carries a mandatory 90-day minimum served on top of any OUI sentence. Because § 24V depends on proof of the underlying offense and the child’s age, careful early work on the evidence matters. In 23 years of defending clients in Massachusetts courts, I have seen how much that early work can change the outcome.
If you or a family member has been charged with OUI-child endangerment, contact my office or call 781-393-5900.
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Disclaimer
This article is for general educational information about Massachusetts criminal law. It is not legal advice for your situation, and reading it does not create an attorney-client relationship. Laws change. For advice about a specific case, speak with a licensed Massachusetts attorney.
