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.