Mom accused of DWI with baby in car

Deputy constables: Baby was buried under clothing in backseat

Published On: Dec 13 2012 06:56:33 AM CST   Updated On: Dec 13 2012 05:18:28 PM CST
Jessica Gutierrez
CONROE, Texas -

A mom was booked into the Montgomery County Jail after Precinct 4 deputies said she was caught driving under the influence with a toddler in the car.

Jessica Barber Gutierrez, 40, of Kingwood, was driving erratically and stopping in the middle of Loop 494 and FM 1314 around 11 p.m. Wednesday, deputies said. When officers confronted her, Gutierrez admitted she consumed beer, and prescription drugs for anxiety and depression, officials said.

While she was being questioned, a deputy spotted a child in the back seat.  The 8-month-old was buried under clothes and a skateboard.

Gutierrez was arrested. She was taken to Kingwood Regional Hospital for a blood draw, and then booked into the jail in Conroe.  

The child was in a baby carrier when she was brought to the constable's office, but it's unclear if she was properly restrained when deputies found her. 

During the booking process, Gutierrez told police she has a second child, a 12-year-old, who was staying with a 21-year-old roommate.

Gutierrez was unable to provide the name of the roommate. Neighbors said the roommate was arrested on Wednesday. 

Child Protective Services was called in to investigate and took custody of the baby.

Gutierrez also told deputies she smoked potpourri which she bought at a local business, officials said.  She said she did not know it was illegal. 

Gutierrez was booked a charge of driving while intoxicated with a child under 15 in the car. She is being held on $25,000 bond.

Gutierrez has a criminal history. She was charged with DWI in January 2004 and was charged with endangering a child seven months later.