Houston DWI With Child Passenger

Q: Is DWI with Child Passenger always a felony in Texas?

Yes. Unlike a regular DWI, this charge is automatically a state jail felony under Texas Penal Code §49.045, even for a first-time offense.

DWI With Child Passenger in Houston, TX

What “DWI With Child Passenger” Means Under Texas Law

Texas treats driving while intoxicated with a child in the vehicle as a separate felony offense. Under Texas Penal Code § 49.045, a person commits the offense if they are intoxicated while operating a motor vehicle in a public place and the vehicle is occupied by a passenger younger than 15 years old. An offense under this section is a state jail felony. See also Penal Code Chapter 49 for definitions and related intoxication offenses.

Key Elements the State Must Prove

Operation of a motor vehicle in a public place;
Intoxication as defined in Chapter 49 (loss of normal use of mental/physical faculties or 0.08+ BAC);
Child passenger younger than 15 years old was in the vehicle.

Penalties & Collateral Consequences

State Jail Felony Range

DWI with Child Passenger is a state jail felony, generally punishable by 180 days–2 years in a state jail facility and up to a $10,000 fine. See Texas Penal Code § 12.35.

Driver’s License Consequences (ALR)

Separate from the criminal case, the Texas Department of Public Safety (DPS) may seek to suspend your driver’s license through the Administrative License Revocation (ALR) process. You generally have 15 days from receiving notice to request a hearing. See DPS’s ALR overview and online request portal (ALR request).

Child Protective Investigations (CPS/DFPS)

Allegations that a child was in the car during a DWI can trigger a DFPS Child Protective Investigations inquiry, which is separate from your criminal case and can affect custody or visitation. See DFPS’s overview of Child Protective Investigations and the Parent’s Guide.

Defenses to DWI With Child Passenger

Stop, Detention, and Arrest Challenges

We examine whether the traffic stop and detention were lawful and whether probable cause existed for arrest. Suppression of unlawfully obtained evidence can dismantle the State’s case.

Breath/Blood Testing & SFST Issues

We challenge Intoxilyzer maintenance and administration, blood-draw protocols, chain of custody, analytical reliability, retrograde extrapolation, and the administration/scoring of field sobriety tests.

Passenger Age & “Care” Issues

The State must prove the passenger was under 15. We scrutinize age proof and the circumstances of the ride (e.g., emergency driving, custody/relationship context) and contest inferences that go beyond the statute.

ALR Strategy to Help Your Criminal Case

ALR hearings can lock in officer testimony, expose weaknesses, and preserve discovery that may assist your criminal defense. See DPS’s ALR guidance: Program details and ALR FAQs.

Immediate Steps After an Arrest

Preserve your license rights: request an ALR hearing within 15 days of notice via the DPS portal (submit request).
Do not discuss the case with anyone but your lawyer; avoid social media posts.
Collect evidence: bodycam/dashcam info, passenger/witness contacts, medical conditions, receipts, and timelines.
Address CPS promptly and through counsel if DFPS contacts you (DFPS CPI).

Why Choose Cory Roth Law Office

Focused DWI & Felony Defense

Rapid ALR action to protect driving privileges
Independent review of breath/blood testing and SFSTs
Strategic handling of parallel CPS/DFPS issues

Houston Insight

We tailor defense strategy to Harris County courts and prosecutors while aligning with Texas intoxication offense statutes and DPS procedures.

Related Houston Practice Areas

Speak with Cory Roth Law Office Today

If you or a loved one is facing a DWI With Child Passenger charge, act quickly. We move fast to protect your license, contest the evidence, and defend your future in both criminal court and any related CPS proceedings.

Contact Cory Roth Law Office to schedule a confidential consultation.

FAQs

Act quickly: request an ALR hearing within 15 days, avoid making statements about your case, preserve any potential evidence, and contact an experienced DWI defense attorney immediately.

Many judges require ignition interlock devices as a condition of bond or probation in felony DWI cases. The requirement can depend on the judge and your criminal history.

Common defenses include challenging the legality of the stop or arrest, questioning the accuracy of sobriety or chemical tests, disputing intoxication evidence, or contesting proof that the passenger was under 15.

It depends. In some cases, negotiations or legal challenges to the stop, testing, or child’s age evidence may lead to a reduction. However, reductions are not guaranteed.

Often, yes. When a child is present in a DWI case, CPS (through DFPS) may open an investigation. This is separate from your criminal case and can affect custody and visitation rights.

You generally have 15 days from the date you receive notice of suspension to request an Administrative License Revocation (ALR) hearing with the Texas Department of Public Safety.

Yes. Unlike a regular DWI, this charge is automatically a state jail felony under Texas Penal Code §49.045, even for a first-time offense.