In Texas, if you are arrested for Driving While Intoxicated and you have a passenger younger than 15 years old in your vehicle, your DWI charge can be enhanced to Felony DWI with Child Passenger. This can happen even if you’ve never been arrested for DWI before.

DWI with Child Passenger is a State Jail Felony, and if you are convicted, you could face up to 2 years in a state jail facility and fines up to $10,000. Some people who are convicted of DWI with Child Passenger may be given probation rather than a jail sentence.

Defending Against Felony DWI with Child Passenger Charges

Felony DWI with Child Passenger is a very serious criminal charge, but these charges can be fought and won in Texas. Due to the specificity of the criminal elements, there are ways to successfully defend against DWI with Child Passenger. In order for the prosecution to convict you of this accusation, they will have to prove all of the following elements beyond a reasonable doubt:

1. You were operating a motor vehicle in a public place.

2. You were actually intoxicated at the time of operation (NOT when the breath/blood test was taken).

3. The child passenger was actually under 15 years of age.

If you or a loved one have been arrested for Felony DWI with Child Passenger, an experienced Criminal Defense Attorney can help you navigate the situation. Give our office a call 24/7 at (713) 429-4400 to discuss how Houston Criminal Defense Attorney Matt DeLuca can help you.