DWI with Child Passenger in Texas
One Mistake Shouldn’t Ruin Your Life
In Texas, driving while intoxicated with a child under 15 in the car is an automatic felony—even if you’ve never been in trouble before. These cases move fast and come with serious consequences, but we know how to fight for your side of the story and protect your future.
What You’re Facing Is Serious—But Not Hopeless
A First-Time DWI Can Still Be a Felony
This charge catches a lot of good people off guard. You may have never been arrested before, but one DWI stop with a child in the vehicle changes everything. Prosecutors often push hard on these cases, treating them like child endangerment or abuse. But that’s not always fair—and we make sure your defense reflects the full truth, not just the police report.
We know what’s at stake. That’s why we prepare every case for trial, never accept lowball settlements, and go head-to-head with corporations and insurance companies to ensure our clients get the justice and compensation they deserve.
The Serious Consequences of This Charge
Texas Penalties for DWI With a Child Passenger
A DWI involving a child passenger is treated as a felony in Texas and brings harsh penalties that can affect every part of your life.
State Jail Felony
This charge is classified as a state jail felony, carrying 6 months to 2 years in a Texas state jail facility.
Driver’s License Suspension
Your license can be suspended for 180 days to 2 years, and you’ll face strict requirements to get it back.
Permanent Felony Record
A conviction results in a felony record that cannot be sealed or expunged and will follow you for life.
Fines & Court Costs
You may be required to pay fines of up to $10,000, plus additional fees for probation, court supervision, and reinstating your driver’s license.
Ignition Interlock Device
Courts often require the installation of an ignition interlock device on all vehicles you operate during bond and probation.
Collateral Consequences
This charge can trigger a Child Protective Services investigation and create major barriers to employment, especially in childcare, healthcare, and education fields.
Felony DWI with Kids Draws Extra Scrutiny
How Harris County Handles These Cases
In Houston and Harris County, prosecutors treat DWI with child passenger as a high-priority felony. Even first-time offenders may be offered little leniency. You’ll likely appear in one of the district criminal courts, where judges expect strict bond conditions—often including alcohol monitoring, limited contact with minors, and mandatory treatment evaluations.
We’ve handled cases like this throughout Houston, The Woodlands, and Sugar Land. In some cases, we’ve worked quickly to prevent CPS action or negotiated charge reductions that kept families together. These cases are personal—and we fight like they are.
What Families Need to Know
DWI with Child Passenger FAQ
Is DWI with a child in the car always a felony?
Yes. Under Texas Penal Code §49.045, driving while intoxicated with a passenger under 15 is a state jail felony—even if it’s your first DWI offense. This charge is more serious than a typical DWI and carries long-term consequences if not handled properly. We fight to reduce or dismiss these charges whenever possible.
Will CPS take my child away after a DWI arrest?
Not automatically, but it’s a risk. A DWI arrest with a child in the vehicle may trigger a Child Protective Services investigation. The outcome depends on your case and prior history. We’ve worked with CPS in Houston to protect parental rights and prevent long-term consequences, especially in cases where no harm came to the child.
Can I avoid jail time for this charge?
It’s possible. While jail is a risk, especially if your BAC was high or the arrest involved an accident, we’ve helped clients qualify for probation or reduced charges. The court may consider your record, your parenting status, and whether this was truly out of character. A strong legal defense makes all the difference.
How soon do I need a lawyer?
Immediately. These cases move quickly, and early intervention can prevent additional damage—especially with licensing, bond conditions, and CPS involvement. The sooner we get involved, the sooner we can start building your defense and protecting your rights.
What happens if I have a prior DWI on my record?
A prior DWI can make the situation more complicated. Prosecutors may view the case as part of a pattern and push for harsher penalties. However, we may be able to challenge the prior conviction or negotiate for a more favorable resolution depending on the circumstances.
