And if you have children under the age of 16 in your car then it iS charged as a criminal offense, as child abuse.
http://www.laszlolaw.com/the-one-two-punch-of-dui-and-child-abuse
"If the driver is stopped and arrested for an alcohol-related driving offense, the prosecutor will
likely charge child abuse as well."
The tag-along child abuse charge creates a particularly difficult situation for the driver for a number of reasons. First, the impact of a child abuse charge carries more onerous consequences for some groups of people than the DUI charge that is at its root. Second, although many drivers will be able to successfully negotiate with the prosecutor for the dismissal of the child abuse charge as part of a plea bargain, the mere fact of being charged with child abuse will generally result in a persons permanent placement on a statewide database of offenders against children. Third, because of unique and strict laws relating to DUI cases, even drivers who ultimately win dismissal or acquittal of every offense charged in their cases will be unable to erase the reference to a child abuse arrest from their public record.