National Guide
DUI With a Child in the Car, or an Accident or Injury
Why these facts can turn a standard DUI into a more serious charge, and how states differ.
Quick Answer
In many states a DUI that involves a child passenger, a crash, or an injury is charged more seriously than a standard DUI: higher penalty tiers, possible felony charges, and added consequences such as longer license actions. There is no single national rule. Each state defines the age of the child, the type of injury, and the penalties, so read your state's rules.
Educational information, not legal advice. This is a general national overview. DUI and DWI laws are set by each state and change often, so details differ where you are. Use the state guides linked below and speak with a licensed attorney in the state where you were stopped or charged.
Why these cases are treated differently
A standard DUI charge is based on driving while impaired. States add enhancements when the circumstances increased the harm or risk, including a child in the vehicle, property damage, injury to another person, or a death. Each state writes its own version in its statutes, which is why the penalty ranges and definitions differ.
NHTSA publishes data on impaired-driving crashes and treats impaired driving as a major highway-safety problem. Legislatures have also written heavier penalties for impaired driving that harms others, which is why the rules below vary by state.
Sources: NHTSA: Drunk driving
Child passenger enhancements
Many states increase the charge or penalties when a child is in the vehicle during a DUI. States differ on how they define the child (a specific age cutoff), whether the enhancement is a separate offense or a sentencing add-on, and whether it can be a felony. The table below shows each state's rule as summarized in its guide, with links to the statute.
| State | Child passenger |
|---|---|
| Alabama | A driver over 21 with a child under 14 in the vehicle gets at least double the minimum punishment and an interlock requirement. |
| Alaska | AS 28.35.030 has no separate child-passenger penalty tier. Mandatory minimums depend on prior convictions only. |
| Arizona | DUI or extreme DUI with a passenger under 15 in the vehicle is aggravated DUI, a class 6 felony. |
| Arkansas | A 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. |
| California | Having 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. |
| Colorado | Colorado’s DUI statutes (C.R.S. §42-4-1301 and §42-4-1307) have no separate child-passenger penalty tier. |
| Connecticut | DUI 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. |
| Delaware | Driving 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. |
| Florida | Having 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. |
| Georgia | Driving 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. |
| Hawaii | A driver 18 or older convicted with a passenger under 15 gets an extra mandatory $500 fine and an extra mandatory 48 hours of jail. |
| Idaho | Idaho’s DUI penalty sections (§§18-8004, 18-8004C, 18-8005 and 18-8006) have no separate child-passenger penalty tier. |
| Illinois | A 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. |
| Indiana | An OWI by a driver 21 or older with a passenger under 18 is a Level 6 felony. |
| Iowa | Iowa’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. |
| Kansas | A 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. |
| Kentucky | Transporting a passenger under 12 is an aggravating circumstance that raises the mandatory minimum jail time. |
| Louisiana | If 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. |
| Maine | Operating 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. |
| Maryland | Transporting 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. |
| Massachusetts | OUI 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. |
| Michigan | OWI 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. |
| Minnesota | A 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. |
| Mississippi | A 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. |
| Missouri | Driving while intoxicated with a passenger under 17 makes even a first DWI a class A misdemeanor (up to 1 year and $2,000). |
| Montana | A passenger under 16 doubles the jail and fine ranges for a first, second, or third DUI. |
| Nebraska | Driving under the influence with a passenger under 16 is the separate crime of intoxicated transportation of a child, a Class I misdemeanor. |
| Nevada | Having passengers under 15 in the vehicle is treated as an aggravating factor at sentencing. |
| New Hampshire | Driving 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 Jersey | A 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 Mexico | No DWI-specific child-passenger sentence enhancement was confirmed from official New Mexico sources. Offenses against a child are separately excluded from expungement. |
| New York | Leandra’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 Carolina | Driving 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 Dakota | A 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. |
| Ohio | OVI 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. |
| Oklahoma | If 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. |
| Oregon | A passenger under 18 who is at least 3 years younger than the driver raises the maximum DUII fine to $10,000. |
| Pennsylvania | A 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 Island | A 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 Carolina | Child 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 Dakota | Not confirmed for this guide. No child-passenger enhancement was found in the official sources reviewed. |
| Tennessee | DUI 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. |
| Texas | Driving 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). |
| Utah | A 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. |
| Vermont | Neither § 1201 nor § 1210 has a separate child-passenger DUI penalty tier. |
| Virginia | Driving 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. |
| Washington | Having 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 Virginia | DUI 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. |
| Wisconsin | A 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. |
| Wyoming | If 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.
Accident and injury enhancements
When an impaired driver causes a crash with injuries, states commonly add charges such as assault, vehicular or intoxication assault, or, if someone dies, vehicular homicide or manslaughter. These can be felonies with significant prison exposure. Many states define tiers by the seriousness of the injury.
Separate from criminal penalties, an injury crash can bring civil liability, insurance consequences, and restitution orders. Your attorney can explain the exposure in your state.
| State | Accident or injury |
|---|---|
| Alabama | A DUI that injures someone triggers an ignition interlock requirement. Serious injury or death is charged under the assault or homicide laws, with felony penalties. |
| Alaska | If a DUI contributes to an accident, the court must order you to pay the cost of the emergency response. Injuring or killing someone can also be charged separately under AS 11.41 (homicide and assault), and AS 28.35.030(o) bars license restoration after a felony DUI if you were also convicted of those crimes. |
| Arizona | Injury and death cases are charged under Arizona’s assault and homicide statutes, and MVD can also suspend your license under §28-1385 for homicide or assault involving a motor vehicle. |
| Arkansas | Causing injury or death while intoxicated is charged under separate Arkansas criminal statutes and can be a felony. |
| California | DUI causing injury is charged under §23153 and can be a misdemeanor or felony. DMV also imposes longer license actions after injury DUIs. |
| Colorado | Causing serious bodily injury while DUI is vehicular assault, a class 4 felony (class 5 if only DWAI). Causing a death while DUI is vehicular homicide, a class 3 felony (class 4 if only DWAI). |
| Connecticut | A DUI that causes serious physical injury to another person generally makes you ineligible for the Pretrial Alcohol Education Program unless the court finds good cause. Assault in the second degree with a motor vehicle (§53a-60d, class D felony) and manslaughter in the second degree with a motor vehicle (§53a-56b, class C felony) are separate crimes, each with a 1-year license suspension and 2 years of interlock after restoration. |
| Delaware | Injuring someone else in a crash makes you ineligible for the First Offender Election. A death or injury offense where DUI is an element counts as a prior DUI offense. Those offenses are in Title 11 and are not covered in this guide. |
| Florida | DUI causing damage to the property or person of another is a first-degree misdemeanor; serious bodily injury is a third-degree felony; a death is DUI manslaughter, a second-degree felony (first-degree in some cases) with a mandatory minimum of 4 years in prison. |
| Georgia | Causing serious injury while DUI can be charged as serious injury by vehicle (§40-6-394), and causing a death as homicide by vehicle (§40-6-393). These are separate offenses from DUI, each leads to a license suspension or revocation, and each counts toward habitual violator status. |
| Hawaii | Causing serious bodily injury by negligent driving is negligent injury in the first degree, a class C felony. Causing a death while under the influence is negligent homicide in the first degree, a class B felony (class A with a prior OVUII within 15 years and other factors). |
| Idaho | Causing great bodily harm, permanent disability, or permanent disfigurement while under the influence is aggravated DUI under §18-8006, a felony with up to 15 years in prison and a fine of up to $5,000. Causing a death can be vehicular manslaughter under §18-4007. |
| Illinois | A DUI crash that causes great bodily harm, permanent disability, or disfigurement is Aggravated DUI, a Class 4 felony. If the crash kills one person it is a Class 2 felony, with 3 to 14 years in prison unless the court finds extraordinary circumstances that require probation. A crash that kills one person and seriously hurts others is a Class 2 felony with 4 to 20 years. |
| Indiana | OWI causing serious bodily injury and OWI causing death are felonies, with higher levels when there is a prior OWI within the past 7 years. |
| Iowa | Causing serious injury or death while OWI is charged under Iowa Code §707.6A as a felony. A conviction involving a serious injury adds 1 year of revocation, and one involving a death adds a 6-year revocation with no temporary restricted license for at least 2 years (§321J.4). |
| Kansas | Causing injury or death while DUI is charged under separate Kansas criminal statutes, such as aggravated battery or involuntary manslaughter, which are felonies. |
| Kentucky | Causing an accident that results in death or serious physical injury is an aggravating circumstance and also triggers a pretrial suspension at arraignment. Separate assault or homicide charges can also apply. |
| Louisiana | Seriously injuring someone while impaired can be charged as first degree vehicular negligent injuring: up to 10 years and a $5,000 fine, with at least 2 years served at 0.15 or more or with a prior DWI. Causing a death is vehicular homicide: 5 to 30 years and a $2,000 to $15,000 fine, with at least 3 years served (5 years at 0.15 or more). |
| Maine | OUI causing serious bodily injury is a Class C crime: at least 6 months, $2,100, and a 6-year suspension. OUI causing death is a Class B crime: at least 6 months, $2,100, and a 10-year suspension. |
| Maryland | Causing a death or life-threatening injury while under the influence or impaired is a separate criminal offense and requires the Ignition Interlock Program on conviction. |
| Massachusetts | OUI causing serious bodily injury (§24L): if the driving was also reckless or negligent, 6 months to 2½ years in a house of correction or 2½ to 10 years in state prison, a fine of up to $5,000, a mandatory 6 months with no probation, and a 2-year license revocation. Without recklessness or negligence, the penalty is up to 2½ years in a house of correction, or a fine of at least $3,000, or both, with the same 2-year revocation. |
| Michigan | OWI causing serious impairment of a body function is a felony: up to 5 years and $1,000 to $5,000. OWI causing death is a felony: up to 15 years and $2,500 to $10,000 (up to 20 years at 0.17 or more with a prior within 7 years). |
| Minnesota | Causing injury or death while impaired is charged as criminal vehicular operation or criminal vehicular homicide, with longer revocations and required interlock. |
| Mississippi | DUI that negligently causes a death, or mutilates, disfigures or permanently disables another person, is aggravated DUI under §63-11-30: a separate felony for each victim, with 5 to 25 years in prison. |
| Missouri | Under the version of RSMo 577.010 effective August 28, 2026 (HB 1740), causing physical injury through criminal negligence while intoxicated is a class D felony (up to 7 years); serious physical injury is a class C felony (3 to 10 years); a death is a class B felony (5 to 15 years). |
| Montana | Causing a death while impaired is vehicular homicide while under the influence (45-5-106), a felony. Causing bodily injury is negligent vehicular assault (45-5-205), which becomes a felony if the injury is serious. |
| Nebraska | Causing serious bodily injury while driving under the influence is a Class IIIA felony under §60-6,198, with a court-ordered no-driving period and license revocation of 60 days to 15 years. |
| Nevada | DUI causing substantial bodily harm is a category B felony: 2 to 20 years in prison and a fine of $2,000 to $5,000. DUI causing death is a category B felony: 2 to 25 years with no prior offense, or 5 to 25 years with one or two prior offenses, plus a $2,000 to $5,000 fine. Probation is not allowed. |
| New Hampshire | Causing a collision that results in serious bodily injury while impaired or at 0.08 or more (0.02 under 21) is aggravated DWI under RSA 265-A:3. It is a class B felony with a $1,000 minimum fine, a mandatory 35 consecutive days in jail (21 suspended), and an 18-month to 2-year revocation. |
| New Jersey | Causing injury or death while intoxicated is charged as a crime in Superior Court (assault by auto or vehicular homicide), separate from the municipal DWI. |
| New Mexico | Causing bodily injury while impaired makes the offense aggravated DWI. Causing death or great bodily injury is prosecuted as a felony. |
| New York | Causing serious physical injury while intoxicated or impaired is vehicular assault in the second degree, a Class E felony. Vehicular assault in the first degree, a Class D felony, applies when added conditions are met, such as a BAC of 0.18 or more, a prior DWI conviction within 10 years, or serious injury to a child passenger under 16. Causing a death is vehicular manslaughter in the second degree, a Class D felony. |
| North Carolina | Causing serious injury to another person while impaired is a grossly aggravating factor at sentencing. Separate felony charges can also apply: felony serious injury by vehicle (Class F, or Class E with a prior impaired-driving conviction within 7 years) and felony death by vehicle (Class D). |
| North Dakota | Causing a death while under the influence is criminal vehicular homicide, a Class A felony with at least 3 years in prison (10 years with a prior). Causing substantial or serious bodily injury is criminal vehicular injury, a Class B felony with at least 1 year and 1 day in prison (2 years with a prior). |
| Ohio | Causing serious physical harm while OVI is aggravated vehicular assault, a third-degree felony (second-degree with certain priors or while under suspension). Causing a death while OVI is aggravated vehicular homicide, a second-degree felony, or first-degree with a prior OVI within 20 years or while under suspension. Prison time is mandatory. |
| Oklahoma | Causing great bodily injury while impaired is charged as a separate felony offense. Exact ranges were not confirmed in this review. |
| Oregon | Injuring or killing someone in a DUII crash bars diversion and can be charged as assault or homicide. Those crimes carry far heavier penalties than DUII. |
| Pennsylvania | Causing serious bodily injury while DUI is aggravated assault by vehicle while DUI, a second-degree felony. Causing a death is homicide by vehicle while DUI, a second-degree felony with a 3-year mandatory minimum for each death. |
| Rhode Island | DUI causing serious bodily injury to someone else (§31-27-2.6): 1 to 10 years, a $1,000 to $5,000 fine, and a license revocation of up to 2 years; a second conviction within 5 years carries 2 to 15 years, $3,000 to $10,000, and up to 4 years. DUI causing death (§31-27-2.2): a first violation carries 5 to 15 years, a $5,000 to $10,000 fine, and a 5-year license revocation; a second within 5 years carries 10 to 20 years. |
| South Carolina | Felony DUI (§56-5-2945) applies when a DUI causes great bodily injury or death. Great bodily injury carries a $5,100 to $10,100 fine and 30 days to 15 years; death carries a $10,100 to $25,100 fine and 1 to 25 years. |
| South Dakota | Injury and death cases are charged separately as vehicular battery (§22-18-36) and vehicular homicide (§22-16-41). Those convictions also count as priors for later DUI charges. |
| Tennessee | Causing serious bodily injury while intoxicated is vehicular assault (§39-13-106), a Class D felony when the victim is a child, and vehicular assault is also punished by a driving prohibition. A DUI-related death can be charged as vehicular homicide involving intoxication (§39-13-213(b)(2)), a Class B felony when the victim is a child. |
| Texas | Causing serious bodily injury is intoxication assault, a third-degree felony (2–10 years). Causing a death is intoxication manslaughter, a second-degree felony (2–20 years). Since September 1, 2025, intoxication assault is a first-degree felony if the victim is a peace officer or judge in the actual discharge of official duty (second degree for a firefighter or EMS worker), and intoxication manslaughter is a first-degree felony if the death is of any of those officials or of more than one person in the same criminal transaction (Penal Code §49.09(b-1), (b-2)). |
| Utah | Negligently causing bodily injury to another while at 0.05 or more or impaired is a separate Class A misdemeanor, charged for each injured person. If the injury is serious bodily injury, it is a third degree felony. |
| Vermont | DUI causing death carries a fine of up to $10,000 and 1 to 15 years in prison. DUI causing serious bodily injury to someone other than the driver carries a fine of up to $5,000 and up to 15 years. With two or more prior DUI convictions, either carries a 5-year minimum unless the court makes written findings. The suspension is 1 year, and an interlock RDL is available only after 1 year. |
| Virginia | Causing serious bodily injury while under the influence can be charged as felony DUI maiming (Class 6 felony, or Class 4 if the injury causes permanent and significant impairment). Causing a death is involuntary manslaughter, which becomes a felony carrying 1 to 20 years if the conduct shows reckless disregard for human life. |
| Washington | Causing substantial bodily harm while impaired is vehicular assault, a class B felony. Causing a death is vehicular homicide, a class A felony. |
| West Virginia | DUI causing serious bodily injury is a felony: 2 to 10 years and a 5-year revocation. DUI causing death: 3 to 15 years and a 10-year revocation. |
| Wisconsin | OWI causing injury is a misdemeanor on a first offense and a felony after that. OWI causing great bodily harm is a Class F felony with up to 12½ years and a $25,000 fine. |
| Wyoming | Causing serious bodily injury while violating the DUI statute carries a fine of $2,000 to $5,000, up to 10 years in prison, or both (up to 20 years with a prior). Causing a death is aggravated homicide by vehicle, up to 20 years in prison, and no interlock restricted license. |
From each state’s guide, which links the official sources. Educational information, not legal advice.
What changes in practice
- Higher charge level: a misdemeanor can become a felony depending on the state and facts.
- Longer or stricter license consequences, and possible ignition interlock requirements.
- Blood draws and warrants are more common in crashes with injuries. See our guide on testing and your rights.
- Possible child protective services or family court involvement when a child was in the car.
- Fewer plea options, since prosecutors often treat these cases more seriously.
Where laws vary: the child's age cutoff, the felony threshold, and the penalty ranges differ by state. Treat the table as a starting point and read the statute linked in your state guide.
General guidance, not drawn from a single source. Check your state guide for the law that applies to you.
Frequently Asked Questions
In some states it can be, and in others it increases penalties on a misdemeanor. It depends on the state, the child's age, and the facts. See the table above.
Property damage alone may not raise the charge level in every state, but it can affect penalties and civil liability. Check your state guide.
States use charges such as intoxication or vehicular assault, and vehicular homicide or manslaughter if someone dies. The names and penalty ranges vary by state.
It can. Child welfare and family courts operate separately from the criminal case. A licensed attorney can explain how that works in your state.