Not only is drinking and driving with your child in the car against the law, but it should also be considered child endangerment or even abuse. While adults choose to get into the car after drinking too much or ride with another person who has, children have no choice. Parents who drive drunk with their children, should be held even more accountable and suffer stricter penalties than those who do not put their children at risk.

In a 2003 study released by the Centers for Disease Control and Prevention, studies found that “between 1997 and 2002, 2,335 children died in car crashes involving drinking drivers. Of those children killed, 68 percent were riding in the car with a drinking driver (www.madd.org).”

We should all recognize this crime and do our best to try and prevent our friends, family, neighbors and strangers from getting in a car drunk with a child passenger. MADD believes that we should all be actively pushing for tougher child endangerment laws; stricter enforcement by police and prosecutors; and training and public awareness for judges, attorneys, law enforcement, family service agencies and other officials.

Statistics and Implications

Additional research highlights the scope and seriousness of the child endangerment issue. Here are highlights as reported by MADD.org:

• A 1999 national telephone survey by NHTSA, estimates that between 46 and 102 million drinking-driving trips are made each year with children under the age of 15 in the vehicle.

• Of the children who died while riding in the same vehicle with the drinking driver, only 29 percent were known to have been restrained. As the blood alcohol concentration (BAC) of the child’s driver increased, child restraint use decreased.

• During the five-year period of 1997-2001, 58 percent of the alcohol-related crashes in which a child passenger died while riding with the drinking driver occurred during daytime or evening hours (6 a.m. to 9 p.m.). This finding adds further support for the need to increase high visibility enforcement of child safety seat, primary seat belt, and DUI/DWI laws, including the daytime hours.

Recommendations for Improvement

MADD.org reports that they actively support a number of strategies for improving the current situation, including:

• Providing public awareness and training on child endangerment issues for judges, attorneys, law enforcement, family service agencies/professionals, and other heath and safety officials.

• Establishing state child endangerment laws that apply specifically to children at least 16 years of age.

• Increasing enforcement of child passenger safety laws, adopt primary seat belt laws, and consider a provision for adding points to driver’s license records for violations.

• Providing for the revocation or suspension of drivers’ licenses for alcohol-related child endangerment violations.

• Requiring the installation of alcohol ignition interlock device on vehicles used by a child endangerment offender to transport children.

• Include a mandatory provision in every separation agreement and divorce decree that prohibits either parent from drinking and driving (or driving under the influence of other drugs) with minor children in the vehicle.

Tips and Resources

Protecting children from the dangers of drunk driving requires the attention and action of caregivers and the entire community. MADD has developed these tips to help families and agencies that work with children (www.madd.org).

• If you see an adult who is visibly impaired attempting to drive with a child in the car, calmly suggest alternative transportation, recommend the driver postpone travel or offer to drive the child. Also, call 911 with as much information as possible, document the situation and notify another parent or caregiver immediately.

• If you’re a parent who’s dealing with repeat violations, child custody and visitation, ask a third party, like a neighbor, to witness when the child is picked up. In addition, request a court-ordered alcohol and drug assessment that will consider some of the provisions outlined above.

• If you’re a parent or caregiver, teach children techniques for keeping themselves safe. If forced to ride with an impaired driver, children should:
o Sit in the middle of the back seat
o Place their belongings on the floor.
o Always buckle seat belts or use a child safety seat.
o Do not bother or distract the driver
o Tell a trusted adult immediately about any unsafe ride.


Information gathered from:
http://www.madd.org/Professionals/Law-Enforcement/Programs/View-Program.aspx?program=2