Lawyer for DWI with a Child Passenger in Texas
In Texas, driving while intoxicated with a passenger younger than 15 in the vehicle is a state jail felony, even if it’s your first arrest, no one was hurt, and your blood alcohol concentration was just over the legal limit. A conviction can bring up to two years in a state jail facility, a fine of up to $10,000, a permanent felony record, and a driver’s license suspension. The arrest can also set off a separate Child Protective Services investigation that can reach into your home, your parenting time, and any existing custody arrangement.
That’s a great deal to absorb in the days after an arrest, and it’s exactly why the early decisions in your case carry so much weight. At Turnbull Legal Group, E.R. “Ned” Turnbull brings the perspective of a former State District Court Judge and Chief Prosecutor to DWI with child passenger cases in Harris, Montgomery, and Brazos Counties. He builds your defense around how prosecutors actually charge these cases and how judges actually weigh them. Contact Turnbull Legal Group today at (832) 314-3232 to discuss your options.
What counts as DWI with a passenger under 15?
DWI with a child passenger is built on top of the standard Texas DWI statute. Chapter 49 of the Texas Penal Code defines the offense in just two sentences, but those sentences contain several separate facts the State has to prove beyond a reasonable doubt.
To convict you, a prosecutor must establish that:
- You were operating a motor vehicle. Texas courts read “operating” broadly, but it still has to be proven with evidence rather than assumed from where you were sitting.
- You were in a public place. Streets and highways obviously qualify, and so do many parking lots, apartment complexes, and other areas the public can access.
- You were intoxicated. Texas recognizes two definitions: a blood or breath alcohol concentration of 0.08 or higher, or the loss of normal use of your mental or physical faculties because of alcohol, drugs, or another substance.
- A passenger in the vehicle was younger than 15. The child’s age is an element of the felony, and the State must prove it with admissible evidence.
The State does not need to show a crash, an injury, a prior DWI, an unbuckled car seat, or any intent to put the child at risk. The presence of a child under 15 is the single fact that converts what would otherwise be a misdemeanor into a felony DWI in Texas. Texas courts have generally treated the offense as one charge per episode of driving rather than one charge per child, but prosecutors may still reach for other statutes when multiple children are involved.
If this would otherwise be your First DWI in Texas, the child passenger element is the only thing separating your case from the Class B misdemeanor most first-time defendants face.
What is the penalty for DWI with a child passenger in Texas?
A DWI with a child passenger sits several steps above a standard DWI on the Texas punishment ladder. The comparison below shows how the charge stacks up against the misdemeanor DWI offenses most people are familiar with, as well as the enhancement that applies when a driver already has prior intoxication convictions.
The criminal fine is only the beginning. Anyone finally convicted of an intoxication-related driving offense in Texas also owes a separate state traffic fine: $3,000 for a first conviction within 36 months, $4,500 for a repeat conviction within that window, and $6,000 if testing showed an alcohol concentration of 0.15 or more. State jail sentences are also not eligible for parole, which means time in a state jail facility works very differently than a county jail sentence.
Fewer paths to resolution
Texas law also takes one common resolution off the table. Judges are prohibited from granting deferred adjudication for DWI with a child passenger, so the dismissal-after-probation path that’s available for many other charges does not exist here. Regular community supervision (probation) can still be granted by a judge or jury, but it comes with a conviction and a demanding set of conditions, which typically include:
- Regular reporting to a supervision officer and compliance with all court orders.
- An alcohol and drug evaluation, along with completion of a state-approved DWI education program.
- Community service hours, fines, court costs, and monthly supervision fees.
- An ignition interlock device on your vehicle for a significant portion of the supervision period.
- Possible jail time as a condition of probation, depending on the court and the facts.
The risks compound quickly with prior convictions, so the consequences for a second DWI in Texas with a child passenger can be severe. Prior convictions can raise the charge to a third-degree felony, lengthen your license suspension, and limit your options for probation.
Child endangerment and other charges that can follow
A DWI with a child passenger charge rarely travels alone. Prosecutors in Texas have a range of related statutes available, and they may file additional counts either because the facts support them or to strengthen their position during plea negotiations.
The charges we see most often alongside a § 49.045 case include:
- Child endangerment. Under Texas Penal Code § 22.041, it is a state jail felony to intentionally, knowingly, recklessly, or with criminal negligence place a child younger than 15 in imminent danger of death, bodily injury, or physical or mental impairment.
- Intoxication assault. If a child or anyone else suffers serious bodily injury in a crash, the driver can face a third-degree felony charge for each injured person.
- Child safety seat violations. These are minor on their own, but prosecutors and caseworkers often cite them as evidence of risk.
You may also hear the phrase “aggravated DWI” in connection with your case. Texas does not actually have an offense by that name, but the term is widely used to describe DWIs involving aggravating factors such as a high BAC, a crash, or a child in the car.
License suspension, ignition interlock device, and other administrative punishments
Your driving privileges are affected on two separate tracks after a DWI with child passenger arrest. The first is an administrative process run by the Texas Department of Public Safety that begins almost immediately. The second is the suspension a court imposes if you are convicted. The overview below summarizes the most common consequences for someone without prior intoxication offenses.
The administrative suspension always comes as a surprise. You generally have only 15 days from the date you receive notice to request a hearing, and if you miss that window, the suspension takes effect automatically. Filing an ALR hearing request preserves your right to challenge the suspension, and it gives your defense team an early opportunity to question the arresting officer under oath.
Ignition interlock requirements are stricter for this offense than for a typical first DWI. When a defendant is released on bond for DWI with a child passenger, Texas law directs the magistrate to require an interlock device on the vehicle the defendant owns or drives most often, unless the magistrate finds the requirement would not serve the interest of justice.
CPS investigations and child custody after an arrest
For many parents, the criminal charge is not the most frightening part of this process: the possibility of losing time with their children is. When officers arrest a driver with a child in the car, a report to the Texas Department of Family and Protective Services commonly follows. That report can lead to a caseworker visit, interviews with you and other family members, a safety plan that restricts your contact with the child, or, in the most serious situations, removal proceedings.
The consequences can spill into family court as well. A pending DWI with child passenger charge (not even a conviction) can be raised in a divorce or a custody modification, and it can lead to supervised visitation, alcohol monitoring, or other restrictions on your parenting time. Because the criminal case, the CPS investigation, and any custody dispute can all draw on the same facts, it’s important to handle them in a coordinated way.
A few practical steps can help protect you while a family law or custody case is pending:
- Speak with your defense attorney before giving any recorded statement or detailed interview about the night of the arrest, since those statements can surface in the criminal case.
- Comply fully with bond conditions, including interlock installation, because violations can be used against you in both courts.
- Consider voluntary steps like alcohol evaluation or counseling, and keep documentation of everything you complete.
- Make sure your family law attorney, if you have one, knows about the criminal charge right away.
Turnbull Legal Group focuses on the criminal defense side of these cases, and we are glad to work alongside your family law attorney so that the strategy in one proceeding does not undercut the other.
How Ned Turnbull defends DWI with a child passenger charges
A felony label does not make the State’s case any stronger than its evidence. Every DWI with child passenger prosecution rests on the stop, the roadside investigation, the arrest, the testing, and the paperwork — and a weakness at any link can change the outcome.
When we take on one of these cases, we examine each of the following areas in detail:
- The traffic stop. Officers need reasonable suspicion to pull you over. If the stop was not lawful, the evidence gathered afterward may be suppressed.
- Field sobriety testing. Standardized tests are only reliable when administered correctly, and roadside conditions such as uneven pavement, poor lighting, footwear, and the stress of having a child in the car can all skew results.
- Breath and blood evidence. We review instrument maintenance records, lab procedures, and chain of custody. Texas law directs officers to obtain a specimen in child passenger cases, but the state’s highest criminal court has held that the statute alone does not replace the Fourth Amendment’s warrant requirement.
- The age element. The State must prove the passenger was actually younger than 15. Without that proof, the felony cannot stand.
- Operation and public place. If you were parked, pulled over on private property, or the evidence of driving is thin, those facts matter.
- Mitigation. In the right case, proactive steps and a well-documented personal history may support negotiations toward a reduced misdemeanor charge rather than a felony conviction.
What sets our approach apart is the vantage point behind it. As a former Chief Prosecutor, Ned Turnbull understands how district attorneys evaluate child passenger cases, which facts make them hold firm on a felony, and which weaknesses make them reconsider.
As a former State District Court Judge, he also knows how judges weigh evidence at suppression hearings and what they look for when deciding between probation and confinement. Add more than 25 years of practice and over 200 felony jury trials, and you have an attorney who gives you a real advantage long before a jury is ever seated.
Local defense for DWI with a child passenger in Harris, Montgomery, and Brazos counties
Felony DWI cases are filed and resolved at the county level, and procedures, dockets, and plea practices vary from one courthouse to the next. Turnbull Legal Group represents clients charged with DWI with a child passenger across three core counties.
Harris County
Harris County operates one of the largest criminal court systems in the country, and felony DWI cases move through busy district court dockets where preparation and persistence make a real difference. If you were arrested in Houston, Pasadena, Katy, or elsewhere in the county, our DWI attorneys in Houston can help.
Montgomery County
Montgomery County includes Conroe, The Woodlands, Spring, Magnolia, and Willis, and its busy corridors along I-45 and State Highway 105 see zealous DWI enforcement. Felony cases are heard at the courthouse in Conroe, where Ned’s years of practice give clients an attorney who already knows the procedures and expectations. If you need a Conroe DWI lawyer, Turnbull Legal Group offers a steady hand with a history of success.
Brazos County
In Brazos County, DWI with a child passenger arrests happen in Bryan, College Station, and the surrounding communities, often involving families in town for Texas A&M events and weekends. Felony cases are handled in the Brazos County district courts in Bryan. If your arrest happened here, a Bryan DWI lawyer at Turnbull Legal Group can explain how the local process works and what to expect next.
DWI child passenger FAQ
What is the minimum sentence for a DWI in Texas?
For a standard first-offense DWI in Texas, the minimum punishment is 72 hours in county jail, although many defendants receive credit for time served or are placed on probation instead. A DWI with a child passenger is different: as a state jail felony, it carries a minimum of 180 days if a state jail sentence is imposed. Probation remains a possible outcome, but deferred adjudication does not.
What happens if you’re charged with DWI greater than .15 in Texas with a child in the car?
On its own, a DWI with a BAC of 0.15 or higher is a Class A misdemeanor rather than a Class B. When a child under 15 is in the car, the charge is already a felony, so the high BAC does not change the offense level. It does raise the state traffic fine to $6,000 upon conviction, and prosecutors and judges often treat a high reading as an aggravating factor in plea offers and sentencing.
Is DWI with a child passenger a felony even for a first offense?
Yes. The offense is a state jail felony regardless of whether you have any prior criminal history. With two prior intoxication convictions, it can be enhanced to a third-degree felony.
Can a DWI with a child passenger charge be reduced to a misdemeanor?
It can happen, but it is never automatic. Reductions typically depend on problems with the State’s evidence, the strength of mitigation, and the prosecutor’s assessment of the risk at trial. An attorney who knows how prosecutors evaluate these cases is in the best position to identify whether a reduction is realistic.
Charged with DWI child passenger in Texas? Put a former judge in your corner.
A DWI with a child passenger charge threatens your freedom, your record, your license, and your family all at once, and the clock on several of those issues starts running the day you’re arrested. Ned Turnbull has seen these cases from the prosecutor’s table and from the bench, and he uses that insight to build defenses that address what really matters to the people deciding your case.
Turnbull Legal Group defends clients charged with DWI with a child passenger in Harris, Montgomery, and Brazos Counties. Contact Turnbull Legal Group today at (832) 314-3232 to schedule a free consultation and give your case home court advantage.
It’s Not the End of the World. Call Us, We Can Help!
A DWI with a Child Passenger conviction can have life-altering consequences. Act swiftly to contact our experienced DWI lawyers today. We’ll discuss your case and explore your defense options. The initial consultation is always free.
