DWI with Child Passenger

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.

Words can’t express how he handled my case... it was a very difficult one but he did it with all professionalism and even talked to me when there was a problem. If you are looking for an attorney then Matt Deluca is the place to go...

Contact us today.


Texas Penal Code § 49.045 – Driving While Intoxicated with Child Passenger

(a) A person commits an offense if:

(1) the person is intoxicated while operating a motor vehicle in a public place;  and
(2) the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.

(b) An offense under this section is a state jail felony.

Possible Penalties

  • Under Texas Penal Code § 12.35, a person convicted of DWI with Child Passenger could face the following penalties:

    • 180 days to 2 years in a state jail facility

    • Fines up to $10,000

    • Probation up to 10 years

    • Driver’s License Suspension

    • Ignition Interlock

    • Community Service

    • Court Costs