A Milford, Massachusetts woman was arrested for Massachusetts Drunk Driving Charges when her minivan crashed into a quarry in Milford with her three children in the vehicle.
All three children were able to escape from the vehicle, which was partially submerged in the quarry. One of the children was transported to a local hospital with serious injuries. One of the two other children sustained minor injuries while the third was not hurt.
The woman was charged with Operating Under the Influence of Alcohol; Failure to Stop; and Child Endangerment while OUI / DUI.
The Massachusetts drunk driving crime of Child Endangerment While Operating Under the Influence of Alcohol or Drugs makes it unlawful to operate a motor vehicle while under the influence of alcohol or drugs with a child who is 14 years of age or younger the car.
A conviction for a first offense of Child Endangerment While OUI / DUI is punishable with 90 days to 2.5 years in the House of Corrections; fines of up to $5,000; and a suspension of the person's driver's license for 1 year. A subsequent conviction for this offense could result in a jail sentence of 6 months to 2.5 years in the house of corrections or a state prison sentence of 3-5 years; along with a license suspension of 3 years.
Because the 'elements', i.e., what the government would have to prove, for this crime includes the added factor of having a passenger in the vehicle who is 14 years of age or younger, a person may be prosecuted for both child endangerment while operating under the influence as well as OUI / DUI.