Driving While Intoxicated (DWI) is a serious offense in Texas, and the stakes are even higher when a child is involved. Under Texas Penal Code § 49.045, operating a motor vehicle while intoxicated with a passenger under 15 years old is a state jail felony. This elevated offense carries severe legal and personal consequences—including incarceration, steep fines, and lasting damage to your reputation, employment, and family life.
Why Choose José Ceja for Your Defense
Attorney Jose Ceja is Board Certified in Criminal Law by the Texas Board of Legal Specialization, a distinction earned by fewer than 5% of Texas attorneys. As a former prosecutor with extensive experience handling DWI cases, he has a deep understanding of how DWI cases are investigated and prosecuted in Houston.
He is also certified to administer Standardized Field Sobriety Tests (SFSTs), giving him a technical advantage in identifying errors by law enforcement. At Ceja Law Firm, we provide aggressive, personalized defense strategies designed to protect your rights, freedom, and future.
Penalties for DWI with a Child Passenger
A DWI with a child passenger is not just a legal issue—it’s a felony charge with serious and lasting consequences. The penalties include:
- Incarceration: Between 180 days and two years in a state jail facility.
- Fines: Up to $10,000.
- Driver’s License Suspension: An additional 180 days.
Beyond these statutory penalties, individuals may face collateral consequences, including:
- Child Endangerment Charges: Operating a vehicle while intoxicated with a minor can be deemed child endangerment, potentially leading to separate charges and involvement from child protective services.
- Impact on Custody Arrangements: Such charges can adversely affect child custody or visitation rights.
- Employment Challenges: A felony conviction can hinder job prospects, especially in fields requiring professional licenses or background checks.
Administrative License Revocation (ALR) Hearing
After a DWI arrest in Texas—including one involving a child passenger—you may face two separate license suspensions: one from the criminal case, and another through the Administrative License Revocation (ALR) process. The ALR hearing is a civil proceeding handled by the Texas Department of Public Safety (DPS) to determine whether your driver’s license should be suspended based on a failed or refused chemical test.
You only have 15 days from the date of your arrest to request this hearing. If you miss the deadline, your license will be automatically suspended, regardless of the outcome of your criminal case. At Ceja Law Firm, we handle ALR hearings as part of our comprehensive DWI defense strategy and use them as an opportunity to gather evidence and cross-examine the arresting officer. Learn more about ALR hearings in Texas.
Defending Against DWI with a Child Passenger Charges
Mounting a robust defense requires a comprehensive examination of the case, including:
- Challenging the Traffic Stop: Assessing whether law enforcement had a valid reason for initiating the stop.
- Evaluating Sobriety Testing Procedures: Scrutinizing the administration and accuracy of field sobriety and chemical tests.
- Investigating Arrest Protocols: Ensuring that all procedures were lawfully followed during the arrest.
Our goal in every case is to obtain a dismissal—so you can clear the arrest from your record through an expunction. However, if the case is not dismissed, you will have to choose between trial and a plea agreement. Given the complexities and high stakes, securing experienced legal representation is crucial.
Immigration Consequences of a DWI with a Child Passenger
A DWI with a child passenger is classified as a felony in Texas, which can trigger serious immigration consequences for non-citizens. A felony conviction may lead to visa denial, denial of naturalization, or even deportation, especially if it is considered a “crime involving moral turpitude” or triggers other grounds of inadmissibility under federal immigration law. If you are not a U.S. citizen, it is critical to consult with a defense attorney who understands how to protect both your legal and immigration status.
What to Expect at Your First Court Date in Houston After a DWI with a Child Passenger Charge
If you’ve been arrested for DWI with a child passenger in Houston, your case will be assigned to one of the 26 felony courts at the Harris County Criminal Justice Center, located at 1201 Franklin St. Your initial court date—usually listed on your bond paperwork—is the start of what may be a months-long legal process.
At this first setting, the judge will confirm your bond conditions and verify whether you’ve hired a lawyer. You may also be subject to drug or alcohol testing in the courtroom, depending on your bond terms. It’s important to arrive early, dress appropriately, and take the process seriously—judges notice when defendants appear prepared and respectful.
Felony DWI cases are complex, especially when they involve a child passenger. Having an experienced Houston DWI defense attorney by your side from the start can make a significant difference in protecting your rights and building a strong defense.
Frequently Asked Questions About DWI with a Child Passenger in Texas
What constitutes a DWI with a child passenger in Texas?
In Texas, you commit the offense of DWI with a child passenger if you operate a motor vehicle in a public place while intoxicated and have a passenger younger than 15 years old.
What are the penalties for a DWI with a child passenger conviction?
A conviction is classified as a state jail felony, punishable by:
- A fine of up to $10,000.
- Jail time ranging from 180 days to 2 years in a state jail facility.
- Driver’s license suspension for an additional 180 days.
Can I face additional charges beyond DWI with a child passenger?
Yes, you may also be charged with child endangerment, which can lead to further legal consequences and involvement from child protective services.
Will my driver’s license be suspended if I’m charged with this offense?
Yes, upon conviction, your driver’s license can be suspended for an additional 180 days.
Are there defenses available for a DWI with a child passenger charge?
Yes. Defenses often involve challenging the stop, the test procedures, or law enforcement errors during the arrest.
Is probation an option for this offense?
Probation may be possible, but even with probation, you might be required to serve some jail time as a condition.
How can a conviction impact my parental rights?
A conviction can lead to child protective services involvement, potentially affecting custody arrangements and parental rights.
What should I do if I’m charged with DWI with a child passenger?
It’s crucial to seek experienced legal representation immediately to navigate the complexities of the legal system and work towards the best possible outcome.
Act Now to Protect Your Future
A DWI with a child passenger charge is a felony that can impact every area of your life—from your job to your family. Jose Ceja is a Board-Certified criminal defense lawyer with the training and experience to help you fight back. Call Ceja Law Firm today for a free consultation and start building your defense.
