The standard punishment range for DWI is a Class B misdemeanor. The offense level and punishment range is the same whether you are alone or have a passenger. In 2003 the Legislature created an enhanced penalty when children are placed at risk based upon the notion that adults may voluntarily choose to ride with an intoxicated driver, but that children cannot exercise the same choice. Instead of simply creating an additional subsection under the DWI statute, the Legislature created an entirely separate crime. The offense of Driving While Intoxicated With Child Passenger occurs when a person commits a DWI and has a passenger who is younger than 15 years of age. The penalty range jumps to a State Jail Felony, only one level below the penalties proscribed as if an intoxicated driver is involved in an accident causing serious bodily injury to another.