What Happens If You Are Arrested for DWI With a Child in the Car in Texas?

A DWI arrest becomes significantly more serious when a child is riding in the vehicle. Texas law creates a separate felony offense for driving while intoxicated with a passenger younger than 15 years old. A person may face this charge even when there was no collision and the child was not physically injured. At The Law Office of Alex Tyra, P.C., we help people in Longview and East Texas understand the allegations and the consequences that may follow.

DWI With a Child Passenger Is a Felony

Under Texas Penal Code § 49.045, a person commits the offense by operating a motor vehicle in a public place while intoxicated when the vehicle is occupied by a passenger younger than 15.

The offense is a state jail felony. Under Texas Penal Code § 12.35, the ordinary punishment range is 180 days to two years in a state jail facility and a possible fine of up to $10,000.

The state does not need to prove that the child suffered an injury to establish this offense.

Additional Family-Related Consequences

A felony DWI allegation involving a child may also lead to scrutiny from child protective authorities, depending on the circumstances.

An arrest does not automatically determine parental rights or custody arrangements. Nevertheless, allegations involving a child’s safety can affect other legal proceedings.

Defending the Charge

We examine whether the prosecution can establish intoxication, operation in a public place, and the child’s qualifying age.

The legality of the stop, chemical testing, officer observations, and available recordings may all be relevant to the defense.

Call The Law Office of Alex Tyra, P.C. for Your Free Consultation

If you face a DWI charge involving a child passenger in Longview or East Texas, call The Law Office of Alex Tyra, P.C. at (903) 753-7499 to schedule your free consultation.