A mother driving two children under the age of 5 was arrested after fleeing police under suspicion of driving while intoxicated, possession of marijuana and possession of an open container.

30-year-old mother Monica Say was arrested in West Hennepin around 5PM on November 5. There, officers had received a report of erratic driving. After they located the vehicle, they noted signs of impairment and attempted to pull Say over. According to recent court ruling, officers must observe the signs of impairment even if they have received a tip.

Say continued on, fleeing police, for about 5 miles. Officers say her driving was a risk to her passengers and others on the road. When Say eventually pulled over, officers found her passengers were 2 and 4 years old, and only one was appropriately restrained. They also located marijuana in the vehicle and an open bottle of rum in a diaper bag.

Officers noted Say provided a breath sample that determined her blood alcohol level was .17%. She was charged with fleeing police, gross misdemeanor child endangerment and fourth degree driving under the influence. Say has many previous infractions on her record including license suspensions.

It is not a felony to drive under the influence with children in the car in Minnesota - yet. Many states are currently considering this legislation, most notably New York, to stop what many see as an epidemic of child endangerment. While Minnesota lawmakers have not announced they are considering making the offense a felony, it may not be long before this statue takes hold nationwide if effective in other areas.