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Attorney Brian Simoneau is a great lawyer. He is very versed on the current laws and he will help you convey a well organized winning case. I would highly recommend him.
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Massachusetts OUI Child Endangerment Attorney

If Massachusetts police officers place you under arrest and you are charged with OUI (operating under the influence) with child endangerment, contact a Massachusetts OUI child endangerment attorney at The Law Office of Brian Simoneau as quickly as possible.

Under Melanie’s Law, Chapter 122 of the Acts of 2005, a conviction for OUI with child endangerment (having a child under age 15 in your vehicle at the time of the OUI incident) will result in a one-year license suspension consecutive to, and not concurrent with, the license suspension for the underlying OUI charge.

A first conviction for OUI with child endangerment also entails a minimum mandatory jail term of 90 days, with a possible sentence of up to two and a half years. Additionally, the police will send a child abuse and neglect report to the state’s Department of Children & Families.

A second conviction for child endangerment while OUI, even if the first conviction was in another state, is punishable with a fine of $5,000 to $10,000 and six months in jail to five years in state prison. Second or subsequent convictions also entail a three-year license suspension.

What is “CWOF” in Massachusetts Law?

“CWOF” stands for Continuance Without a Finding. CWOF is a common plea deal for OUI first-time offenders. A CWOF is a legal disposition where you admit there are facts sufficient to find you guilty, but the court does not actually enter a guilty finding on your record. This disposition is authorized by G.L. c. 90 § 24D and only first offenders or “second chance first offenders” are eligible for this. 

Your case is continued for a probationary period (usually a year). If you adhere to the probation terms, such as completing an alcohol education program and paying the required fines, the OUI charge is dismissed at the end of the probation period.

With a CWOF, you avoid a formal criminal conviction, so you can tell most employers that you have not received an OUI conviction, but the RMV will count a CWOF as a first conviction if you are charged with OUI in the future.

Massachusetts law specifically prohibits a CWOF for the charge of OUI child endangerment. If you are found guilty of (or plead guilty to) this charge, the law requires a guilty finding. You cannot receive a CWOF or a dismissal of the charge for the endangerment portion of the case.

What is the “Stacking” of License Suspensions?

The Massachusetts Registry of Motor Vehicles (RMV) “stacks” license suspensions for child endangerment cases to begin after a convicted offender completes the license suspension for the underlying OUI charge.

As of 2026, the legality of “stacking” license suspensions remains questionable in this state. If your license is suspended because of a child endangerment conviction, contact a Massachusetts OUI child endangerment lawyer at The Law Office of Brian Simoneau.

Can You Obtain a Hardship License?

The RMV will not issue a hardship license to a driver with a child endangerment suspension. In some cases, with the help of a Massachusetts OUI child endangerment attorney, it is possible to obtain a hardship license by appealing to the Massachusetts Division of Insurance Appeal Board.

Bring Your OUI Child Endangerment Case to Attorney Brian Simoneau

Massachusetts OUI child endangerment lawyer Brian Simoneau uses every appropriate legal tool to help clients avoid driver’s license suspensions and have suspended licenses reinstated. To retain his services or learn more, schedule a free legal consultation by calling The Law Office of Brian Simoneau at 508-625-5776.