Penalties for DWI with a Child Passenger

The consequences of a conviction are severe and lasting. Even if no accident occurred and no one was injured, the law mandates harsh punishment.

State Jail Felony Penalties:

• Jail Time: 180 days to 2 years in a Texas state jail facility
• Fines: Up to $10,000
• Driver’s License Suspension: Up to 180 days (separate from the criminal case)
• Probation Conditions:
  • DWI education programs
  • Installation of an ignition interlock device
  • Community service
  • Drug or alcohol testing

In addition to these, you’ll likely face:

• Increased auto insurance rates
• A permanent criminal record
• Potential CPS investigation (if the child is your own)
• Impact on custody or visitation rights

Why This Charge Is Treated So Harshly

Texas law aims to protect children from dangerous situations, and operating a vehicle while impaired, and while there is a minor in the car, is seen as a form of child endangerment. Prosecutors often pursue these cases aggressively, especially when:

• The child was unrestrained (no car seat or seatbelt)
• The driver had a high BAC (0.15 or more)
• The driver refused a breath or blood test
• The driver has prior DWI or felony convictions

The Legal Process: What to Expect

If you’re arrested for DWI with a child passenger, your case may move quickly, and the stakes are high.

1. Arrest and Booking

After arrest, you’ll be taken to jail, fingerprinted, and photographed. Bail will be set, and you may be released on bond or through a bail bond service.

2. Administrative License Revocation (ALR)

You have only 15 days to request a hearing to prevent an automatic driver’s license suspension. We help our clients fight this at every stage.

3. Criminal Court Process

You will face felony charges in a district court. The process includes:

• Arraignment
• Pretrial hearings
• Plea negotiations
• Trial (if necessary)
• Sentencing (if convicted)

Hiring a skilled defense lawyer early gives you the best chance to challenge the evidence, negotiate favorable outcomes, and protect your future.

Defenses Against DWI with a Child Passenger Charges

A strong defense starts with understanding the facts of your case. At Griffin, Cain & Herbig, we review every detail and explore all possible defenses, including:

Challenging the Traffic Stop

Did the officer have reasonable suspicion to pull you over? If not, any evidence obtained afterward may be inadmissible.

Questioning the BAC or Drug Test Results

Was the breath or blood test administered properly? Were the devices calibrated? Was the chain of custody broken? Lab errors and equipment issues are common.

Arguing Lack of Intoxication

You can be charged even without a 0.08 BAC. But we can argue that you retained normal use of your mental and physical faculties, especially if no test was performed or results are inconclusive.

Proving the Child Was Not in the Vehicle

Was the child actually in the vehicle at the time of the alleged offense? Mistaken identity, misreporting, or timing issues can all raise doubt.

Negotiating Reduced Charges

In some cases, we may negotiate a plea to a lesser offense, such as misdemeanor DWI without the child enhancement. This can help you avoid a felony conviction.

Collateral Consequences

Being convicted of DWI with a child passenger goes beyond the courtroom. Many people don’t realize the long-term effects.

Family Law Impact

If you’re involved in a child custody case or have a co-parenting agreement, this charge can be used against you. A court may modify custody or visitation based on a finding of endangerment.

Employment and Licenses

A felony record can affect your:

• Job applications
• Background checks
• Professional licenses (nursing, teaching, law, etc.)

Immigration Consequences

Non-citizens may face deportation or inadmissibility after a felony conviction.

This is why fighting the charge and minimizing its impact are absolutely essential.