DUI and child endangerment.

I got a DUI with a 2 yr old child in the car.  I blew a .086.  Will I get a criminal /child endangerment charge in the state of Montana?

Asked on June 25, 2009 under Criminal Law, Montana


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you are a first time offender with a BAC of.08% or higher, there will be imposed a minimum fine of $300 and up to 10 days in the county jail.  If this is a repeat offense, then the penalties are increased.  Additionally fines may be doubled if a passenger under 16 years old is riding in your car.

You can also be charged with the separate offense of child endangerment which carries possible incarceration and a fine.

Being a first time offender will help (although you didn't specify that this was the case), however, these are serious charges.  You need to consult with a criminal attorney in your area.

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