A law that has been on the books since 2005 which revamped many of the laws relating to operating under the influence all the way to manslaughter convictions is now being used very aggressively by police departments.
That law passed in 2005 provides enhanced penalties for any person who operates a motor vehicle under the influence of intoxicating liquor while having a child as a passenger in the vehicle who is 14 years of age or younger. In addition to all other penalties for the OUI conviction, there is an additional penalty of $1,000 to $5,000 and imprisonment in the House of Corrections for 90 days to 21/2 years.
For a second offense or violation under this section, the Defendant will be punished by a fine between $5,000 and $10,000 and by imprisonment in the House of Corrections for six months to 21/2 years or state prison for three to five years. Imprisonment imposed upon such person shall not be reduced to less than six months (mandatory) nor suspended nor shall any such person be eligible for probation, parole, or furlough until six months has transpired.
In addition to the sentence above, the registrar shall suspend the license or right to operate of a person who violates this section for a first offense of one year and a penalty of a three-year loss of license or suspension for three years for a second or subsequent violation.
Needless to say, this is a tough law with tough penalties which is now being enforced on a regular basis, and caution must be used when transporting children.
