The New York legislature is considering passing a child endangerment statute similar to the one adopted by the Massachusetts legislature. Under Massachusetts OUI law, Chapter 90 Section, 24V, any OUI charge while a child is present in the car who is under 14 will result in a motorist being charged with OUI child endangerment. This offense is taken very seriously by Massachusetts judges and could result in the imposition of jail time and will result in a one year loss of a Massachusetts driver's license upon conviction.
The legislation contemplated in New York would make an DUI child endangerment a felony offense. Additionally, the New York legislature is contemplating requiring the ignition interlock device after a first offense DUI conviction.