Fathers and Drunk Driving: What Happens When Kids Are in the Car 

Being charged with DUI while a child is in the vehicle often leads to harsher penalties and added child endangerment charges.

Drunk driving is a significant threat to the lives of child passengers in the United States. A study published in the journal, Pediatrics, found that one out of every five child-passenger fatalities in the U.S. involves a drunk driver, typically the child’s guardian. 

While women are involved in about one-third of all DUI cases, most drunk drivers are men. According to recent FBI statistics, men account for roughly 75% of all DUI arrests in the United States. 

The bottom line is this: Given that men are far more likely to be arrested for DUI in general, the odds of a child being driven by a drunk father (rather than their mother) are higher. This is a sobering truth, but one that also creates an opportunity. By recognizing the risks, taking precautions, and choosing safer alternatives, fathers can protect their children and prevent tragic outcomes from happening. 

This blog is for educational purposes and is not intended to be legal advice. Consult with a DUI attorney for legal assistance.  

What Happens If You're Caught Driving Drunk with Children? 

Being caught driving drunk is serious by itself. But doing so with a child passenger raises the stakes dramatically. In most states, this results in additional charges (often felony) and penalties on top of the DUI charge. 

At least 46 states and Washington, D.C., have enhanced penalties for DUI with minors in the vehicle. Law enforcement officers may also be required to notify Child Protective Services. This can trigger a child welfare investigation or open the door to family court involvement even before you can resolve your criminal case. 

DUI With a Child Passenger: Is It Child Endangerment? 

Yes. Many states treat driving while intoxicated with a child passenger as child endangerment, often triggering felony charges even if there was no accident or injury. This applies whether your child is aged 17 or six months old. 

The law generally defines child endangerment as exposing a child to a substantial risk of harm. Driving while intoxicated with a child passenger qualifies under that standard.  The presence of a child is the quickest way to turn a misdemeanor DUI into a felony. 

Legal Penalties for a DUI with Children in the Car 

The legal penalties for a DUI with kids in the car vary by state, but they often include: 

• Felony charges, especially if it is a second offense or the child is very young 
• Mandatory jail time, even for first-time offenders 
• Increased fines and court fees 
• Immediate license suspension 
• Installation of an ignition interlock device (IID) 
• Compulsory DUI education or substance abuse treatment 

Learn more about the consequences of drunk driving with a child, as well as potential jail time for DUI on DUI.org. 

How a DUI Can Affect Child Custody and Visitation 

A DUI with your child in the car does not automatically mean you will lose custody. However, it can raise serious red flags during any family court proceeding. 

Family court judges are concerned with the best interest of the child and may view evidence that you drove drunk with your child in the car as a sign of poor judgment or ongoing risk. 

Even if you share custody, the court can: 

• Reduce your visitation rights 
• Require supervised visitation 
• Order parenting classes or substance abuse treatment 
• Reevaluate your custody entirely 

Learn more about DUI and child custody to understand your risks and legal options. 

Emotional and Psychological Impact of Drunk Driving on Child Passengers 

The legal consequences of drunk driving with a child in the car are one thing. The emotional damage is another. 

For many children, witnessing their father’s arrest or even just sensing that something is wrong can be deeply traumatic. Children exposed to DUI-related incidents may experience: 

• Ongoing anxiety or fear when riding in vehicles 
• Shame or embarrassment around friends or family 
• Difficulty trusting their father again 
• Behavioral issues or poor academic performance 

Even if there was no accident, the stress of the experience can linger. Therapists and child psychologists often recommend family counseling or therapy to help rebuild trust and emotional stability. 

Safer Alternatives: What To Do Instead of Driving Drunk 

It is unlikely any father would plan to drive drunk with their child in the car. This usually happens in a moment of poor judgment, like after a few drinks or a late dinner, when you may think you are still "okay to drive." 

But driving drunk with a child in the car is never worth the risk. Especially when there are options that can keep your kids safe and protect your future: 

Choose one or more of these alternatives instead: 

• Choose a designated driver before you drink 
• Use a rideshare app like Uber or Lyft 
• Call a family member or trusted friend for a ride 
• Stay overnight if you are not sober 
• Use public transportation or walk when possible 

Planning matters. If you know you struggle with alcohol, putting a plan in place can protect your child, your record, and your custody rights. 

Can Installing an Interlock Device Help Your Case? 

Yes. An ignition interlock device (IID) is a small breathalyzer wired into your car’s ignition. You must blow into it and pass a breath test before your car will start. In many states, courts require IIDs after a DUI, especially when a child passenger was involved. 

But even when an IID is not required, voluntarily installing an interlock or using a personal breathalyzer can demonstrate good faith and responsibility to the court. This may make a difference in your sentencing, your custody case, and your credibility as a parent. 

Find out more about ignition interlock devices and how they work. 

DUI Child Endangerment FAQs: What Fathers Need to Know 

Resources and Support for Fathers: DUI.org Can Help 

Being a father comes with responsibility. One poor decision behind the wheel can upend your life and damage your child’s sense of safety. But it is never too late to seek help and make better choices. 

DUI.org offers trusted, accessible information on DUI laws, penalties, and prevention tools. We can also connect you to professionals who understand the legal and personal challenges of drunk driving with children in the car. 

For more guidance, explore: 

The DUI legal process 
Felony versus misdemeanor DUI 
DUI classes and court requirements 

Protect your family this Father’s Day. Talk to a DUI.org specialist today.