A Missouri DWI becomes much more serious when a person under the age of 17 is in the vehicle. Under RSMo §577.010, the presence of a child under 17 makes a DWI a Class A misdemeanor, even for drivers with no prior DWIs. That means a potential jail sentence up to one year and a fine up to $2,000. A child passenger also changes how a prosecutor or judge may view your case; you could find yourself exposed to separate child endangerment charges.
With locations in St. Louis and Kansas City, Combs Waterkotte is ready to take on cases of DWI with a child passenger throughout the state of Missouri. Call our DWI lawyers now at (314) 900-HELP or reach out to us online for a free, confidential case review and a defense strategy built around protecting your freedom and your driver’s license.
In this guide, we’ll cover:
- What happens if you get a DWI with a child in the car in Missouri
- Penalties for DWI with a child in the car in Missouri
- Whether you’ll go to jail for a DWI with child endangerment
- Whether a DWI with a child passenger can lead to child endangerment charges
- What happens if your child passenger is injured in a DWI accident
- What happens to your driver’s license after a DWI with a child passenger
- Whether it matters if this is your first DWI
- If DWI with child endangerment charges can be reduced
What Happens If You Get a DWI with a Child in the Car in Missouri?
Missouri normally classifies a first DWI offense as a Class B misdemeanor. However, the statute specifically increases the offense to a Class A misdemeanor when a person under the age of 17 is present in the vehicle. In other words, a DWI with a child passenger can increase the charge you face before the state even considers factors like your blood alcohol content (BAC), driving behavior, whether you caused an accident, or your prior DWI history.
This enhancement does not automatically result in a felony DWI charge. However, it does immediately raise the maximum jail exposure and potential fine. Prior intoxication-related driving offenses, injuries, and other aggravating circumstances can increase the stakes that much further.
Penalties for DWI with a Child in the Car in Missouri
The state of Missouri treats crimes against or involving children seriously, and DWI is no exception. For a first-time offender, the child passenger DWI enhancement is straightforward:
| Scenario | Charge Level | Maximum Jail Sentence | Maximum Fine |
|---|---|---|---|
| First DWI | Class B misdemeanor | Up to 6 months | Up to $1,000 |
| DWI with passenger under 17 | Class A misdemeanor | Up to 12 months | Up to $2,000 |
Note that the jail sentences in the table above are the maximum allowable sentences under the law, not guaranteed jail time.
A court may also impose probation conditions, alcohol monitoring, SATOP classes, court costs, and other related requirements. An ignition interlock device may be ordered for first intoxication-related traffic offense and is mandatory in several circumstances, including:
- DWIs with high BAC
- DWIs causing injuries
- DWIs involving property damage
- DWIs committed by repeat offenders
Will I Go to Jail for DWI with Child Endangerment?
No, not automatically. If this is your first DWI, the presence of a child in the car is a Class A misdemeanor, but Missouri law does not impose a mandatory jail sentence solely because a child was in the vehicle. The court still has sentencing discretion within the law, and many cases come down to your driving history, your BAC at the time of the offense, the quality of the evidence against you, and whether the incident involved dangerous driving or an accident.
All of this said, the risk of jail time isn’t something to shrug off. A prosecutor may argue that driving drunk with a child passenger made the conduct more dangerous, and a judge can consider the surrounding facts at sentencing.
High BAC results can also creat additional sentencing restrictions. The best way to reduce jail exposure is to hire a defense lawyer to attack the state’s case early rather than waiting until sentencing to ask for leniency.
Can a DWI with a Child Passenger Lead to Child Endangerment Charges?
Potentially, yes, but child endangerment charges aren’t necessarily guaranteed. Missouri has distinct child endangerment statutes, and prosecutors have to prove elements of those offenses in addition to proving that you drove while intoxicated.
First Degree Child Endangerment
Under RSMo §568.045, a person can commit first degree endangering the welfare of a child by knowingly acting in a way that creates a substantial risk to the life, body, or health of a child under 18. The basic offense is a Class D felony, but if the child dies or suffers a serious physical injury, the classification can become much more severe.
RSMo §568.050 covers (among other conduct) criminally negligent acts that create a substantial risk to the life, body, or health of a child less than 17 years old. Second degree child endangerment is a Class A misdemeanor in Missouri. Whether an alleged DWI supports a separate endangerment count depends on the actual evidence, not just the label placed on an arrest report.
A DWI with injuries changes the case dramatically. Missouri’s DWI statute allows felony treatment when a driver acts with criminal negligence and causes physical injury or serious physical injury to another person. A child’s injury can also increase the seriousness of a separate child endangerment charge.
This is why the details of the case are so important. The prosecution still has to prove intoxication, causation, the required mental state, and the nature of the injury. Accident reconstruction, medical records, body cam video, witness testimony, and chemical testing evidence may all be critical aspects of your defense.
Criminal charges are only one part of a Missouri DWI case. You can also face a separate action against your driver’s license from the Missouri Department of Revenue. A BAC of 0.08% or more can trigger an administrative suspension or license revocation, while refusing a chemical test can trigger a statutory summary suspension under Missouri’s implied consent law.
The presence of a child does not create a separate, automatic license suspension by itself. But a DWI conviction and the underlying alcohol-related enforcement can still affect your ability to drive. Reinstatement may require SATOP completion, fees, SR-22 insurance, and, in some cases, an ignition interlock device. These administrative deadlines can come up quickly, so don’t wait to hire an attorney to help you navigate it all.
Yes, but note that “first DWI” does not mean “insignificant DWI.” A person with no prior offenses would ordinarily face a Class B misdemeanor. Put a child passenger in the car, though, and the same DWI becomes a Class A misdemeanor. If you’re a prior, persistent, aggravated, chronic, or habitual DWI offender, more serious consequences may apply.
Your criminal history can also affect negotiations with the state. Prosecutors may view a repeat DWI with a child passenger much differently than a true first offense, which makes it even more important to have a lawyer identify what prior cases legally count and whether the state can prove them.
They can be, depending on the facts. The presence of a child makes the case more serious, but it also does not eliminate the state’s burden of proof. At Combs Waterkotte, we look for weaknesses at every stage of a DWI investigation and prosecution, including:
A strong defense can create leverage for dismissal, a charge reduction, better plea terms, or a more favorable sentencing outcome. While we can never promise a specific result, what we can promise is that we’ll turn over every stone and fight aggressively the entire way.
A DWI with a child in the car can affect your freedom, your driver’s license, your record, and even your family. The Class A misdemeanor alone doubles the maximum jail exposure, and additional charges can make the case all the more serious.
Combs Waterkotte represents people facing DWI charges throughout all of Missouri, including St. Louis and Kansas City. If you or a loved one was arrested for DWI with a child passenger, call (314) 900-HELP or contact us online for a free, confidential case review. The sooner our team gets involved, the sooner we can help you meet deadlines, challenge the evidence, and fight to keep one arrest from defining your entire future.What If Your Child Passenger Is Injured While You’re Driving While Intoxicated?
What Happens to Your Driver’s License After a DWI with a Child Passenger?
Does It Matter If This Is Your First DWI?
Can DWI with Child Endangerment Charges Be Reduced?
Call Combs Waterkotte About Your Missouri DWI Charges
