Sounds somewhat similar to something that happened in my area a few years back.
Mom delivered a 29-weeker by stat C-section...baby died with a BAC of 0.17. Mom ended up pleading guilty to involuntary manslaughter, got probation and drug court. Two years later she flunked drug court, so THEN she had to go to jail for 7 years.
Apparently Missouri has a law whereby moms are supposed to be exempt from prosecution if their behavior "indirectly" harms the fetus...but we also have a law that treats a fetus as a full-fledged person in legal cases. (Example...if you're drunk driving and kill a pregnant woman, it counts as two people killed, not just one.)
As I recall, the judge was entertaining throwing the entire case out b/c of the "indirect harm" clause, but after it was proven that Mom con't to drink significant amounts on a regular basis after being repeatedly counseled not to, they decided to go ahead and prosecute.
I may get completely flamed for this, but if you're going to do your best to kill your infant, get an abortion. If you manage to actually deliver a viable baby, and then plan on abusing it to the point of death/irrepable harm, just leave the hospital without the baby. There's so many stories of these poor innocent little ones born into horrific lives, it breaks my heart. (I'm not talking about occasional lapses of judgement like you snap one day and crack your kid's butt too hard, I'm talking about those poor kiddos you read about who die at a young age with a history of multiple fractures, severe malnutrition, etc.)