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    DUI and Child Custody: What Parents Need to Know

    Last updated: March 3, 2026

    If you're a parent facing a DUI, your biggest fear is probably losing time with your children. While a DUI can affect custody proceedings, understanding your rights and taking proactive steps protects both you and your kids.

    • •A DUI alone does not automatically change custody — but it CAN be raised in custody proceedings
    • •The other parent may petition to modify custody based on 'change in circumstances'
    • •Courts evaluate the 'best interests of the child' — a DUI raises concerns about judgment and safety
    • •A single DUI is treated differently than a pattern of substance abuse
    • •If your child was in the vehicle during the DUI, consequences are significantly more severe
    • •Family courts consider rehabilitation efforts favorably — treatment shows responsibility

    • •A judge may order supervised visitation if there are substance abuse concerns
    • •You may be required to use an interlock device to transport your children
    • •Courts may prohibit alcohol consumption during visitation periods
    • •Random drug/alcohol testing may be ordered as a condition of unsupervised visitation
    • •These restrictions are typically temporary — compliance leads to modification
    • •Document your sobriety and compliance with all court orders

    • •If a child was in the vehicle during a DUI, many states require mandatory CPS notification
    • •Child Protective Services may open an investigation
    • •Having a child in the car can elevate charges: Child Endangerment (additional felony in many states)
    • •The added penalty for a child passenger depends on the state — see the state-by-state table below
    • •Cooperate fully with CPS while having legal representation present
    • •Complete parenting classes and substance abuse programs proactively

    • •Hire a family law attorney in addition to your DUI attorney
    • •Complete all court-ordered requirements ahead of schedule
    • •Enroll in parenting classes voluntarily — courts view this favorably
    • •Maintain a stable living environment and demonstrate responsible parenting
    • •Keep detailed records of your parenting time and involvement
    • •Avoid ANY alcohol-related incidents during custody proceedings
    • •Your parental rights are fundamental — courts do not terminate them lightly

    Child Passenger Penalties by State

    Every state treats a child in the car differently. Find yours below.

    Child passenger DUI enhancement by state
    StateChild passenger
    AlabamaA driver over 21 with a child under 14 in the vehicle gets at least double the minimum punishment and an interlock requirement.
    AlaskaAS 28.35.030 has no separate child-passenger penalty tier. Mandatory minimums depend on prior convictions only.
    ArizonaDUI or extreme DUI with a passenger under 15 in the vehicle is aggravated DUI, a class 6 felony.
    ArkansasA passenger under 16 raises the minimum jail time at every level. First offense: 7 days instead of 24 hours. Second: 30 days instead of 7.
    CaliforniaHaving a passenger under 14 in the vehicle adds mandatory jail time, with no part stayed: 48 continuous hours on a first offense, 10 days on a second, 30 days on a third, and 90 days on a fourth or later misdemeanor (Veh. Code §23572). It must be pleaded and proven.
    ColoradoColorado’s DUI statutes (C.R.S. §42-4-1301 and §42-4-1307) have no separate child-passenger penalty tier.
    ConnecticutDUI with a passenger under 18 is a separate crime (Public Act 16-126). First conviction: up to 1 year with 30 days mandatory and a $500 to $2,000 fine. Second conviction within 10 years: up to 3 years with 180 days mandatory and a $1,000 to $4,000 fine. Third or later within 10 years: up to 5 years with 2 years mandatory and a $2,000 to $8,000 fine.
    DelawareDriving under the influence with anyone under 17 on or in the vehicle adds a fine on top of the usual penalty: $500 to $1,500 and at least 40 hours of community service for a first offense, $750 to $2,500 and at least 80 hours for each later one. It also makes you ineligible for the First Offender Election.
    FloridaHaving a passenger under 18 in the vehicle triggers the same higher fines, jail ranges and interlock rules as a BAC of 0.15 or more.
    GeorgiaDriving under the influence with a child under 14 in the vehicle is charged as a separate offense of endangering a child by DUI (§40-6-391(l)), for each child. It does not merge with the DUI, and the extra conviction counts toward habitual violator status.
    HawaiiA driver 18 or older convicted with a passenger under 15 gets an extra mandatory $500 fine and an extra mandatory 48 hours of jail.
    IdahoIdaho’s DUI penalty sections (§§18-8004, 18-8004C, 18-8005 and 18-8006) have no separate child-passenger penalty tier.
    IllinoisA DUI while transporting a child under 16 adds up to 6 months in jail, a mandatory minimum $1,000 fine, and 25 days of community service in a program that benefits children. If the child is hurt, it becomes Aggravated DUI, a felony.
    IndianaAn OWI by a driver 21 or older with a passenger under 18 is a Level 6 felony.
    IowaIowa’s OWI statute has no separate child-passenger penalty tier. Driving drunk with a child in the vehicle can be charged separately as child endangerment.
    KansasA child passenger adds 1 month of imprisonment, served consecutively to any mandatory minimum. The age limit is children under 18, as amended by 2025 HB 2221 (Session Laws ch. 32); it was previously under 14.
    KentuckyTransporting a passenger under 12 is an aggravating circumstance that raises the mandatory minimum jail time.
    LouisianaIf a child 12 or younger was a passenger, the mandatory minimum sentence for any DWI offense cannot be suspended. OMV may also require an ignition interlock.
    MaineOperating with a passenger under 21 is an aggravating factor: at least 48 hours in jail on a first OUI and an added 275-day suspension.
    MarylandTransporting a minor while committing DUI raises the maximum for a first offense to 2 years and $2,000, and for a second to 3 years and $3,000. For DWI with a minor, the maximums are 1 year and $1,200 first, 2 years and $2,400 second. DWI with a child under 16 also requires the Ignition Interlock Program.
    MassachusettsOUI with a child 14 or younger in the vehicle is a separate crime (§24V): $1,000 to $5,000 and 90 days to 2½ years in a house of correction for a first offense, plus a separate license suspension.
    MichiganOWI with a passenger under 16 is a separate, more serious offense (child endangerment). A first violation is a misdemeanor with a fine of $200 to $1,000 plus up to 1 year in jail and/or 30 to 90 days of community service. A repeat violation within 7 years, or after two priors, is a felony.
    MinnesotaA child under 16 in the car (when the driver is at least 3 years older) is an aggravating factor. It raises the charge by one degree, so a first DWI becomes a gross misdemeanor.
    MississippiA driver over 21 who commits DUI while carrying a child under 16 commits the separate offense of endangering a child by driving under the influence. A first conviction is a misdemeanor with a fine of up to $1,000 or up to 12 months in jail; a third or later conviction, or any offense that seriously injures or kills a child, is a felony.
    MissouriDriving while intoxicated with a passenger under 17 makes even a first DWI a class A misdemeanor (up to 1 year and $2,000).
    MontanaA passenger under 16 doubles the jail and fine ranges for a first, second, or third DUI.
    NebraskaDriving under the influence with a passenger under 16 is the separate crime of intoxicated transportation of a child, a Class I misdemeanor.
    NevadaHaving passengers under 15 in the vehicle is treated as an aggravating factor at sentencing.
    New HampshireDriving at 0.08 or more (0.02 under 21) with a passenger under 16 is aggravated DWI: a class A misdemeanor with a $750 minimum fine and 17 consecutive days in jail, 12 suspended.
    New JerseyA parent or guardian convicted of DWI with a minor passenger is guilty of a disorderly persons offense, punishable by up to 6 months in jail and a $1,000 fine, on top of the DWI penalties.
    New MexicoNo DWI-specific child-passenger sentence enhancement was confirmed from official New Mexico sources. Offenses against a child are separately excluded from expungement.
    New YorkLeandra’s Law: DWI (or 0.08 or more) with a child 15 or younger in the vehicle is a Class E felony, even on a first offense: up to 4 years and a $1,000–$5,000 fine. If the child is hurt or killed, the charge is a higher felony.
    North CarolinaDriving impaired with a child under 18 in the vehicle is a grossly aggravating factor. On its own it requires at least Level One punishment: 30 days to 24 months and up to a $4,000 fine.
    North DakotaA DUI by a driver 21 or older with a minor in the vehicle is a Class A misdemeanor, punishable by up to 360 days in jail.
    OhioOVI with a child under 18 in the vehicle is also endangering children, a first-degree misdemeanor. It is a fifth-degree felony if the child is seriously hurt or you have a prior child-endangering conviction.
    OklahomaIf a child under 18 is in the vehicle, the fine is doubled. Under SB 54, a passenger under 18 is also listed among the circumstances that make the offense aggravated DUI, a felony.
    OregonA passenger under 18 who is at least 3 years younger than the driver raises the maximum DUII fine to $10,000.
    PennsylvaniaA DUI with a passenger under 18 is graded a misdemeanor of the first degree. A first offense adds a fine of at least $1,000 and 100 hours of community service.
    Rhode IslandA driver over 18 convicted of DUI with a child under 13 in the vehicle faces immediate license suspension pending prosecution and an added charge: up to 1 year and $1,000 on a first offense, and a felony of up to 5 years and $5,000 on a repeat.
    South CarolinaChild endangerment (§56-5-2947) is a separate charge when a passenger under 16 is in the vehicle during a DUI. The penalty is up to half the maximum fine and half the maximum jail term for the DUI offense, none of it suspendable, plus a license suspension and a 3-month interlock.
    South DakotaNot confirmed for this guide. No child-passenger enhancement was found in the official sources reviewed.
    TennesseeDUI with a child passenger is child endangerment under §55-10-414: a mandatory minimum of 30 days in jail and a mandatory minimum $1,000 fine.
    TexasDriving while intoxicated with a passenger younger than 15 is a state jail felony: up to 2 years in state jail and up to a $10,000 fine. Since September 1, 2025, a DWI committed in a school crossing zone while the reduced speed limit applies is also a state jail felony (Penal Code §49.04(e), added by SB 826).
    UtahA DUI with a passenger under 16 (or under 18 if the driver is 21 or older) is a Class A misdemeanor instead of Class B.
    VermontNeither § 1201 nor § 1210 has a separate child-passenger DUI penalty tier.
    VirginiaDriving under the influence with a passenger 17 or younger adds a mandatory 5 days in jail and an extra fine of $500 to $1,000.
    WashingtonHaving a passenger under 16 adds a $1,000 fine, 6 more months of interlock, and (for a first or second offense) extra jail or electronic home monitoring.
    West VirginiaDUI with a child under 16 in the vehicle is a misdemeanor with 2 days to 12 months in jail and a $200 to $1,000 fine.
    WisconsinA child under 16 in the vehicle doubles the fines, jail time, and license penalties. It also makes a first OWI a criminal misdemeanor instead of a forfeiture.
    WyomingIf a driver over 18 has a passenger under 16, a first DUI carries up to 1 year in jail instead of 6 months. With a prior child-passenger DUI, up to 5 years.

    From each state’s guide, which links the official sources. Educational information, not legal advice.

    State-Specific Information

    All 50 state guides →