DWI With A Child Passenger

DWI With A Child Passenger Defense

If you’ve just been arrested for a DWI with a child passenger in Texas, you probably have a thousand questions racing through your mind. How will this affect my children? How much is this going to cost me? Are the Standard Field Sobriety tests fair? Will I lose my driver’s license? Will I go back to jail?

You need experienced Austin DWI attorneys who understand the Travis County court system inside and out. We zealously represent your rights throughout this process and answer all the questions you have along the way.

Our team has a combined 30+ years of experience helping people charged with a DWI in Austin. We will tell you what to expect and how to improve the chances of getting the best result. Having an experienced attorney can make the difference between getting your case dismissed or being convicted of DWI.

See Our Recent Dismissals

What is a DWI with a Child Passenger?

According to Texas Penal Code Chapter 12 § 49.045, when a person operates a motor vehicle, while intoxicated, on a public road, with a child under the age of 15 passenger, the driver can be arrested for felony DWI with Child Passenger. A DWI with a child passenger is a state jail felony.

What are the penalties for getting a DWI with a Child Passenger?

A charge of DWI with a Child Passenger is a State Jail Felony.

Penalty for Texas State Jail Felony

  • 180 days to 2 years in State Jail

  • up to a $10,000 fine.

  • Driver's License Suspension

Most people charged with DWI with a child passenger will likely receive some type of probation plea bargain offer. Sometimes the charge can be reduced down to a Class A misdemeanor (depending on the facts of the case and prior criminal history).

In Texas, the determination and severity of these supplementary penalties hinge on various factors, such as whether:

  • The driver has prior felony convictions

  • The driver has prior DWI convictions

  • The driver causes an accident

  • The driver was driving in a dramatically dangerous way

Should the child passenger sustain injuries due to a collision caused by the intoxicated driver, the driver would face a charge of intoxication assault.

let The Law Office of Charlie Roadman to help you

Hiring an attorney if you are charged with a DWI with a Child Passenger in Texas is crucial for several reasons:

  1. Serious Penalties: A DWI with a Child Passenger is a state jail felony in Texas. If convicted, you could face jail time, substantial fines, a driver's license suspension, and other conditions.

  2. Knowledge of the Law: An experienced DWI attorney will have an in-depth understanding of the specific laws and legal nuances related to DWI charges in Texas. They will be familiar with the local court systems, prosecutors, and procedures.

  3. Evaluation of the Evidence: A skilled attorney can review the evidence against you, including the legality of the traffic stop, the administration of field sobriety tests, and the accuracy and handling of breath or blood tests. Any discrepancies or errors could be grounds for getting the evidence thrown out or the charges reduced.

  4. Plea Bargain Opportunities: If the evidence against you is strong, an attorney might be able to negotiate a plea bargain with the prosecutor to reduce the charges or the associated penalties.

  5. Trial Expertise: Should your case go to trial, a defense attorney will be instrumental in presenting your case, cross-examining witnesses, challenging evidence, and offering alternative theories to the jury.

  6. Protecting Your Rights: An attorney will ensure that your rights are protected throughout the legal process, including the right to remain silent, the right to a fair trial, and the right to be free from unreasonable searches and seizures.

  7. Potential Collateral Consequences: Beyond the immediate legal penalties, a felony DWI conviction with a child passenger can have long-lasting implications on employment, child custody issues, future background checks, and more. An attorney can help you understand and potentially mitigate these consequences.

  8. Complexity of the DWI Process: There are multiple stages in the DWI process, from the administrative license revocation hearing to potential trial proceedings. Navigating these stages without legal assistance can be confusing and overwhelming.

  9. Personalized Defense Strategy: Every DWI case is unique. An attorney can develop a tailored defense strategy based on the specifics of your situation.

  10. Peace of Mind: Facing a DWI charge, especially with the added severity of a child passenger, can be highly stressful. Having an attorney by your side can provide some reassurance that your case is being handled by a professional who has your best interests at heart.


Immediately. An attorney should be working on your case right away. We want to talk to witnesses as soon as possible and protect any evidence that will help the case. Hiring an attorney is also a good way to alleviate the stress and anxiety that comes with being arrested.

CAN A DWI with child passenger CHARGE BE DISMISSED?

Yes, but it depends on the circumstances of the arrest and what you are willing to do while the case is pending. We have negotiated hundreds of dismissals in Travis County using our knowledge and experience of what works in Austin. In order to help us get the best result, we will create a customized Action Plan for you.


No. They must qualify for a personal bond. And even if they do qualify, it can take 24 hours or more to be released. We can speed up the process significantly. And trust us, everyone wants out of jail as soon as possible. HERE IS MORE INFO ON JAIL RELEASES.