If you are clubbing with your 13 year old son and he is driving, you probably will be charged with allowing a non-licensed driver to drive and misdemeanor contributing to the delinquency of a minor child. Both charges carry up to 120 days in jail depending on your criminal history. If you are driving intoxicated and have your 13 year old son with you, you will automatically be raised to a level 2 DWI, which carries a mandatory 7 day minimum jail sentence and can be placed in jail for up to 2 years just for the DWI. You also will probably be charged with contributing to the delinquency of a minor so you can get additional time for that. I would not recommend using your 13 year old as your designated driver even if he can drive but I would definitely avoid at all cost driving under the influence with someone under the age of 16.
Answered on Jan 29th, 2013 at 5:52 PM