What Happens if I Get a DWI With a Child in the Car in Texas?

 Posted on September 25, 2025 in Criminal Defense

Driving while intoxicated (DWI) is always a serious offense, but when a child is in the car, the consequences are far more severe. Texas law automatically treats this as a felony offense, even if it is your first DWI. A conviction can affect nearly every aspect of your life. If you were arrested for DWI, our Georgetown, TX DWI defense lawyers will explain your legal options and fight to protect your rights.

What Does Texas Law Say About Driving While Intoxicated with a Minor in the Vehicle?

Under Texas Penal Code § 49.045, if you are caught driving while intoxicated when you have a passenger in the car with you who is younger than 15 years old, you can be charged with a state jail felony. This specific category of felony offense carries its own sentencing range and penalties, which are harsher than a misdemeanor DWI but not as severe as higher-level felonies. If you are convicted of DWI with a child passenger, you could face:

• Up to two years in a state jail facility

• Fines up to $10,000

• Loss of your driver’s license

• A permanent felony record

The law does not require the child to be hurt for the charge to apply. Simply driving while intoxicated with a minor in the car is enough for prosecutors to pursue felony charges.

Will a DWI With a Child Passenger Charge Affect Custody in Texas?

For parents, this charge can create complications in family court as well. Under Texas Family Code § 153.002, judges make custody decisions based on the best interest of the child. A felony DWI involving a child passenger may raise concerns about your judgment and ability to provide a safe environment.

While it does not automatically mean you will lose custody, it can lead to restrictions. For example, the court could order supervised visitation or reduced parenting time. Each case depends on the facts and how the judge views the situation.

What Is Administrative License Revocation in Texas?

An Administrative License Revocation (ALR) hearing is separate from the criminal case. At this hearing, the State of Texas can attempt to suspend your driver’s license if you either failed or refused a blood or breath test. Under Texas Transportation Code § 524.012, the Department of Public Safety has that right. 

Whether it is your first DWI or a repeat offense, you have only 15 days from the date you are notified of the suspension to request a hearing. If you do not meet this deadline, you give up your right to contest the suspension, and your license will be automatically suspended.

How Do You Fight a DWI With a Child Passenger Charge?

The stakes are high in these cases. A conviction could have a devastating impact on you and your family, but you have the right to fight the charge. The process often involves questioning how the case was handled from the very start.

A defense attorney may challenge the stop if the police did not have a valid reason to pull you over. The accuracy and handling of breath or blood test results can also be challenged if there are errors in the process. In some cases, the officer’s conduct comes into question, especially if they did not follow the required procedures. Finally, a lawyer may work to negotiate the outcome, seeking reduced penalties or alternatives to jail when possible.

Talk to an Austin, TX DWI With a Minor Defense Attorney

If you are facing a DWI with a child passenger charge, do not hesitate to contact us immediately. The Georgetown, TX DWI defense lawyers at Morales Law Office, Attorneys at Law, PLLC. have been representing clients in Travis County and throughout Central Texas since 1996. Over the years, we have built a reputation for fairness, honesty, and proven results, earning respect from both clients and fellow attorneys.

We are committed to protecting your rights at every step. Contact us today at 512-474-2222 to schedule your free consultation. Hablamos Español.