I commented recently about a new law in New York that makes it a felony to drive drunk if there are minor children in the car. The law was signed into law earlier this year.

Monique Sexton, a 25-year-old, was celebrating her birthday on Tuesday when she was stopped for driving her Ford 81 mph in a 55 mph zone on the Long Island Expressway.

She was found to have a BAC of .11, police said. In addition to being charged with two counts of endangering the welfare of a child, she has also been charged with a felony DWI under the new New York law.

These sorts of laws usually begin in New York or California, and make their way to the rest of the country. I would not be surprised if within 5 years North Carolina joins New York as a state with a Felony DWI for driving drunk in a car with underage children.

Update: As of December 1, 2011, a DWI in North Carolina that involves a passenger who was under 18 at the time of the DWI is a mandatory Level 1 DWI requiring at least 30 days in jail, and up to two years in prison.

Damon Chetson - 1008 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