In North Carolina, driving with a child under the age of 18 in your car at the time you were impaired is considered a “grossly aggravating factor” for which the judge must impose a Level 1 punishment as of December 1, 2011.

Level 2 is also a severe sentencing level under North Carolina’s misdemeanor statute. Punishment for a Level 2 DWI conviction involves a fine of up to $2,000 and imprisonment for 7 days to 12 months. If the sentence is suspended, the judge must impose an active term of 7 days in jail. Only Aggravated Level 1 and Level 1 are tougher. Aggravated Level 1 requires at least 120 days and up to 3 years in prison.

New York is taking drunk driving with a child under the age of 16 in the car a step further. According to CNN, New York has made driving drunk with a child a felony punishable up to four years in prison.

Damon Chetson - 991 posts

Damon Chetson is a Board Certified Specialist in State and Federal Criminal Law. He represents people charged with serious and minor offenses in Raleigh, Wake County, and the Eastern District of North Carolina. Call (919) 352-9411.

Raleigh Criminal Lawyer