DWI with a Minor in the Car

Getting pulled over for suspected drunk driving is scary enough. But many parents may not realize that if they are caught driving under the influence with their child in the car, it escalates the charge to a felony.

That's right. In Texas, DWI with a child passenger is not just another traffic offense — it’s a state jail felony. That means you could face jail time, driver’s license suspension, and permanent damage to your criminal record and parental rights.

Let’s walk through exactly what happens if you’re arrested for DWI with a child in the vehicle, how Texas law defines this offense, and what steps you must take to protect your future.

What Is Considered a DWI with a Child in the Car?

We see this frequently, especially in situations where parents are attending social events with their family. After a couple of drinks, they may leave the event with their child in tow, unaware that they are potentially committing a state jail felony.

Under Texas Penal Code § 49.045, a person commits the offense of Driving While Intoxicated with a Child Passenger if:

• They are operating a motor vehicle in a public place.
• They are intoxicated, meaning they lack the normal use of mental or physical faculties due to alcohol or drugs, or have a blood alcohol concentration (BAC) of 0.08 or higher.
• There is a passenger younger than 15 years old in the vehicle at the time.

This is not your typical DWI. This charge comes with felony-level penalties, even for a first-time offender.

What Happens at the Traffic Stop?

Here’s how it usually plays out:

1. You’re pulled over for reasonable suspicion (e.g., swerving, speeding, or running a red light).
2. The officer notices signs of impairment and asks for field sobriety tests or a breath test.
3. If you fail — or refuse — the officer makes a DWI arrest and notes that there is a child in the car.
4. That additional fact immediately escalates the charge to a felony.

The child may be released to another adult or taken into protective custody depending on the circumstances.

Consequences of a Felony In Texas

A DWI with a child in the car is a state jail felony in Williamson County, Texas, not a misdemeanor like a typical DWI. That means:

• You can face 180 days to 2 years in a state jail facility
• You may be fined up to $10,000
• Your driver’s license can be suspended for 180 days or more
• You may be ordered to install an ignition interlock device
• You’ll likely face community service, alcohol education classes, and other administrative penalties

That’s on top of the damage to your personal and professional life — and your parental rights.

How Child Endangerment Applies

Because you’re theoretically placing a minor in danger, DWI with a child passenger triggers child endangerment charges, which can come with:

• Investigation by Child Protective Services (CPS)
• Temporary or permanent loss of custody or visitation rights
• Restrictions in family courts, especially during custody battles
• Impact on certain government assistance programs
• Being flagged for criminal negligence

Even if no one was hurt, just having the child in the car while impaired opens the door to multiple layers of criminal proceedings, some of which are civil in nature, like family services investigations.

Additional Penalties and Consequences

After a DWI with a child arrest, the Texas Department of Public Safety may start an Administrative License Revocation (ALR) case to suspend your driver’s license, separate from your criminal case. If you fail or refuse a blood or breath test, you could lose your license for 180 days to 2 years, and reinstating it will involve:

• Paying reinstatement fees
• Carrying SR-22 insurance
• Completing court-ordered alcohol education programs

Even if you avoid jail, a felony conviction for DWI child endangerment can follow you for years. You could lose:

• The right to vote
• The right to own firearms
• Access to certain jobs, especially those requiring background checks or driving
• Housing or education opportunities

If you’re in the middle of a custody case, this charge could severely affect your visitation rights, even if no harm came to the child.

What Can a Defense Attorney Do?

If you’re dealing with a DWI with a minor charge, the main goal is usually to try to get the charge reduced from a felony to a misdemeanor. And that takes serious work. You’ll likely need to get ahead of the case by starting alcohol education classes, enrolling in a treatment program, and showing that you’re committed to rehabilitation. By doing this upfront, it's possible to convince the prosecutor to reconsider the felony charge and potentially reduce it.

However, this process requires time, dedication, and legal expertise. The road to reducing the charge isn’t easy, but it is possible with the right steps and representation.

A skilled criminal defense attorney can:

• Challenge the evidence gathered during the stop (was there probable cause?).
• Review how the blood or breath test was administered.
• Analyze whether the child’s presence in the car was accurately reported.
• Raise issues of criminal negligence or intent, especially in borderline cases.
• Negotiate with prosecutors to reduce the charge or seek alternative sentencing.

Even if the facts are against you, an experienced DWI defense lawyer may be able to reduce the state jail felony to a lesser charge or avoid jail time altogether through community service, treatment, or probation.

What You Should Do Right Now

If you’re in this situation, don’t try to talk your way out of it. Say nothing to police beyond requesting an attorney. Then, start gathering anything that could help your case — custody agreements, medical records, or statements from trusted people.

And most importantly, speak with a Texas Board-Certified criminal defense attorney immediately.

Facing DWI Charges with a Child in the Car?

A DWI with a child passenger isn’t just about fines or jail time — it puts your parental rights, custody, and reputation at serious risk. You could lose time with your child, face child protective services involvement, and carry a felony record that follows you for life.

As a former prosecutor turned expert criminal defense attorney, Ryan H. Deck has handled some of the most complex and sensitive DWI child endangerment cases in Williamson County. He knows how to challenge evidence, protect your record, and help you navigate both the criminal charges and potential family court fallout.

You don’t have to face this alone, and you shouldn’t. Contact Ryan H. Deck today to take the first step toward protecting your future and your family.

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