Houston DWI with a Child Passenger Attorney
If you need a Houston DWI with a Child Passenger Attorney, Ceja Law Firm’s Board-Certified criminal defense attorney Jose Ceja provides aggressive felony DWI defense throughout Houston and Harris County.
A DWI arrest is serious under any circumstances. When a child under 15 was in the vehicle, it is charged as a felony from the outset — even if you have never been arrested before in your life. The stakes are different when a felony is on the table: your freedom, your record, your employment, and your family situation are all at risk simultaneously. If you are facing this charge, you need a defense attorney who understands both the science behind the evidence and how these cases are prosecuted in Harris County.
At Ceja Law Firm, board-certified criminal defense attorney Jose Ceja brings a former prosecutor’s understanding of how DWI with child passenger cases are built — and how to take them apart. He is certified in Standardized Field Sobriety Testing and has spent hundreds of hours studying the science behind breath and blood alcohol testing. Our firm serves clients in English and Spanish throughout Houston and Harris County. Call us today for a free consultation.
Facing a felony DWI with a child passenger charge in Houston?
Jose Ceja is Board-Certified in Criminal Law and a former prosecutor. Call now for a free, confidential consultation. Hablamos español.
Quick Summary: DWI with a Child Passenger in Texas
| Item | Details |
|---|---|
| Charge | State jail felony under Texas Penal Code § 49.045 |
| Jail Range | 180 days to 2 years in a state jail facility |
| Fine | Up to $10,000 |
| License Suspension | Minimum 180 days (separate from ALR) |
| ALR Deadline | 15 days from arrest |
| Key Issue | Presence of a passenger under 15 years old |
| Possible Outcomes | Reduction to misdemeanor, dismissal, or trial defense depending on the evidence |
Why DWI with a Child Passenger Is a Felony in Texas
Under Texas Penal Code § 49.045, a person commits the offense of DWI with a child passenger by operating a motor vehicle in a public place while intoxicated, with a passenger younger than 15 years old in the vehicle. Unlike a standard DWI — which is a Class B misdemeanor for a first offense — this charge is a state jail felony regardless of your prior record. You do not need a previous DWI conviction for the felony enhancement to apply. The presence of a child under 15 is the only additional element required.
That additional element also creates a defense opportunity. To secure a conviction, the State must prove every element of the offense beyond a reasonable doubt — including that the passenger was younger than 15. In cases where the child’s age is close to the cutoff or cannot be conclusively established through the evidence presented, this becomes a point your attorney can contest.
Penalties for DWI with a Child Passenger in Texas
A state jail felony conviction carries the following penalties:
- State jail: 180 days to 2 years in a state jail facility
- Fine: up to $10,000
- Driver’s license suspension: 180 days, separate from and in addition to any ALR suspension
Probation is possible for a state jail felony conviction, but it is not guaranteed and may include a period of confinement as a condition. The court will consider the specific facts of your case, your personal history, and how effectively you are represented before making that determination.
DWI Enforcement in Houston and Harris County
Harris County consistently reports some of the highest DWI arrest totals in Texas, with thousands of cases filed each year. The combination of a large population, extensive freeway system, and proactive law enforcement means DWI cases are pursued aggressively in local courts.
Traffic safety data reflects the seriousness of the issue. In recent years, Harris County has recorded more than 500 traffic-related deaths annually, with impaired driving remaining a major contributing factor. In Houston alone, hundreds of people are killed each year in traffic crashes.
That enforcement environment matters. A felony DWI charge involving a child is not treated as a minor offense in Harris County courts, and how your case is handled from the beginning can significantly affect the outcome.
Consequences Beyond the Courtroom
A felony conviction for DWI with a child passenger carries consequences that extend well beyond the sentence itself. These include:
A felony conviction can be used against you in any child custody or visitation proceeding. If you are in the middle of a divorce or custody dispute, this charge can significantly shift the outcome.
A felony record affects background checks, professional license applications, and fields that require security clearances or positions of trust.
If the child in the vehicle was not properly restrained in a seatbelt or car seat, you may face a separate charge for unrestraint of a child.
In rare cases involving serious circumstances, Child Protective Services may open a separate inquiry independent of the criminal case.
The Mandatory Blood Draw: What You Need to Know
Texas law allows officers to obtain a search warrant for a blood draw in DWI cases involving a child passenger upon a showing of probable cause. In Harris County, magistrates are available around the clock to review and approve these warrants quickly, including nights and weekends. This means that unlike a standard DWI stop, refusing a breath test does not prevent the State from obtaining chemical evidence — it only delays the process.
However, a mandatory blood draw is not the end of the road for your defense. The warrant itself must meet legal requirements, and the blood draw procedure and analysis must be conducted properly. Chain-of-custody documentation, lab handling procedures, and the qualifications of the person who drew the blood are all subject to challenge. Attorney Jose Ceja has spent hundreds of hours studying the science of blood alcohol testing, including advanced training at the Axion Lab in Chicago, one of the premier DWI science training programs in the country. He knows exactly where these procedures break down and how to use that in your defense.
Three Simultaneous Processes: Criminal, ALR, and Family Court
A standard DWI arrest runs on two parallel tracks: the criminal case and the Administrative License Revocation (ALR) proceeding. A DWI with child passenger arrest can run on three, and each has its own timeline and its own consequences.
Within 15 days of your arrest, you must request an ALR hearing or your license will be automatically suspended by the Texas Department of Public Safety. This is a civil proceeding entirely separate from your criminal case. At Ceja Law Firm, we handle ALR hearings as part of every DWI defense. You can learn more about this process on our Houston DWI page. We use these hearings as an early opportunity to cross-examine the arresting officer and gather evidence before the criminal case reaches that stage.
Because this is a felony, your case will be assigned to one of the 26 felony courts at the Harris County Criminal Justice Center at 1201 Franklin Street. Felony cases move on a longer timeline than misdemeanors, which gives your defense attorney more time to investigate, file motions, and develop strategy. Your first court date will typically involve a review of bond conditions and confirmation of legal representation. Showing up prepared and professionally represented from the first setting matters.
If you are involved in any ongoing custody or family law proceeding, a pending felony DWI charge could be raised by opposing counsel. The outcome of your criminal case can directly affect your parental rights, visitation schedule, and any custody arrangements currently in place. This is another reason why early, aggressive defense is critical — not just for the criminal result, but for everything that flows from it.
How Ceja Law Firm Defends DWI with Child Passenger Cases
Every case is different, but every defense starts in the same place: a thorough review of the evidence before any decisions are made. Our approach follows three steps:
We begin by confirming the 15-day ALR deadline and filing the hearing request immediately if it has not been filed. We review your bond conditions, assess the facts of the arrest, and identify any time-sensitive family court matters that may be affected by the pending charge.
We obtain all available evidence: dashcam and bodycam footage, the police report, the blood draw warrant and supporting affidavit, chain-of-custody records, and lab documentation. We examine whether the initial traffic stop was legally justified, whether field sobriety tests were administered in compliance with standardized procedures, and whether the blood draw was conducted lawfully. Jose Ceja is certified in Standardized Field Sobriety Testing, which means he knows exactly what proper administration looks like and where officers fall short. Deviations from required procedure can result in evidence being suppressed.
Based on the evidence, we develop a strategy tailored to your case. That may mean filing motions to suppress an unlawful stop or improperly obtained blood test, negotiating a reduction of the charge to a misdemeanor, or taking the case to trial. In some cases, a felony DWI with a child passenger can be reduced to a standard misdemeanor DWI. This typically depends on weaknesses in the evidence, successful suppression of key evidence such as the traffic stop or blood draw, or strategic negotiation with the Harris County District Attorney’s Office. A reduction can significantly change the outcome of your case by avoiding a felony record and preserving future options. Whether that outcome is achievable depends entirely on the specific facts and how early the defense is developed. You will understand every option before any decision is made.
Board-Certified.
Former prosecutor.
SFST-certified.
Axion Labs trained. If you need an aggressive felony DWI defense in Houston, call Jose Ceja for a free consultation.
Immigration Consequences of a Felony DWI Conviction
For non-citizens, a felony DWI with a child passenger conviction can carry serious immigration consequences. Depending on the facts of the case, it may be treated as a deportable offense or negatively affect applications for naturalization, adjustment of status, or re-entry into the United States. Green card holders, visa holders, DACA recipients, and those with pending immigration applications are all potentially at risk. If your immigration status could be affected by this charge, do not make any decisions about your criminal case without first consulting an immigration attorney.
Your Record After a DWI with Child Passenger Charge
If the charge is dismissed or you are found not guilty at trial, the arrest can be expunged — meaning it is removed from your record and you can legally deny it occurred. At Ceja Law Firm, we regularly help clients pursue expunction after favorable outcomes. Learn more on our Houston expunction page.
If you receive any form of probation, including deferred adjudication, expunction is not available. However, you may qualify for a nondisclosure order depending on the outcome of your case.
This is one of the most important reasons to evaluate your options carefully before accepting a plea. The way your case is resolved determines whether your record can ever be cleared.
Frequently Asked Questions: DWI with a Child Passenger in Houston
Yes. Under Texas Penal Code § 49.045, DWI with a child passenger is a state jail felony regardless of your prior criminal history. Unlike a standard first-time DWI, which is a Class B misdemeanor, having a passenger younger than 15 in the vehicle automatically elevates the charge to felony status. There is no misdemeanor version of this offense under Texas law as currently written.
The passenger must be younger than 15 years old at the time of the offense. A passenger who is 15 or older does not trigger the felony enhancement, and the charge would be treated as a standard DWI. In cases where the child’s age is close to the cutoff, verifying the evidence the State intends to use to establish the passenger’s age is an important part of the defense review.
Yes. Prior DWI history is not a factor in whether this charge applies. The felony enhancement is triggered solely by the presence of a passenger under 15, not by the number of prior DWI convictions on your record. A person with a completely clean record who is arrested for the first time can still face a state jail felony if a child under 15 was in the vehicle.
Yes. Texas law authorizes a mandatory blood draw without consent for DWI with child passenger arrests. If you refuse, law enforcement will seek a search warrant, and in Harris County, judges are available around the clock to approve these warrants. Refusing does not prevent the blood draw — it only delays it and may result in a longer license suspension. The better strategy is to allow the draw and have your attorney challenge the warrant and procedure afterward.
Yes, the ALR process applies to this charge exactly as it does for any DWI arrest. You have 15 days from the date of your arrest to request an ALR hearing with the Texas Department of Public Safety. If you miss that window, your license is automatically suspended with no opportunity to contest it. The ALR hearing is separate from your criminal case and requires its own legal strategy. At Ceja Law Firm, we handle ALR hearings as part of every DWI defense.
In some cases, yes. A reduction to a standard DWI misdemeanor is a realistic outcome when the evidence has weaknesses, when suppression motions succeed in excluding key evidence, or through negotiation with the Harris County District Attorney’s Office. A misdemeanor outcome preserves the possibility of expunction if the case is later dismissed or results in a not-guilty verdict at trial. Whether a reduction is achievable depends entirely on the specific facts of your case.
A pending felony DWI charge and especially a conviction can be used against you in family court proceedings. If you are involved in a custody dispute or divorce, opposing counsel will likely raise the arrest and any conviction as evidence relevant to your fitness as a parent. The outcome of the criminal case matters significantly for what happens in family court, which is another reason to pursue the strongest possible defense from the start.
A felony conviction for DWI with a child passenger can have severe immigration consequences, including deportation, denial of naturalization, bars to re-entry, and loss of visa or green card status. Deferred adjudication is treated as a conviction under federal immigration law even if the case is later dismissed under Texas law. If you are not a U.S. citizen, you should consult an immigration attorney before accepting any plea offer in your criminal case.
Felony DWI cases are heard in one of the 26 felony district courts at the Harris County Criminal Justice Center, 1201 Franklin Street in downtown Houston. At your first setting, the judge will typically review your bond conditions, confirm whether you have retained an attorney, and may order drug or alcohol testing in the courtroom depending on your bond terms. Nothing dispositive typically happens at the first setting, but arriving prepared, on time, and professionally represented establishes the right foundation for the case ahead.
If the case is dismissed or you are found not guilty at trial, the arrest can be expunged — completely destroyed from your record, allowing you to legally deny it occurred. If you receive any form of probation, including deferred adjudication, expunction is not available. This distinction matters enormously when evaluating whether to accept a plea versus taking the case to trial or pursuing suppression of the evidence. At Ceja Law Firm, we regularly help clients obtain expunctions after favorable outcomes.
Facing a Felony DWI Charge in Houston? Call Ceja Law Firm Today
A DWI with a child passenger charge moves fast on multiple fronts. The 15-day ALR deadline starts running the day you are arrested. Family court proceedings can be affected before the criminal case resolves. A felony conviction, if it comes to that, follows you permanently. The sooner you have experienced counsel in your corner, the more options you have.
Board-certified criminal defense attorney Jose Ceja has defended hundreds of DWI cases throughout Houston and Harris County. As a former prosecutor, he knows how these cases are built and where they can be challenged. Ceja Law Firm serves clients in English and Spanish. Contact us today for a free, confidential consultation.
As your Houston DWI with a Child Passenger Attorney, Jose Ceja will fight on every front — criminal, ALR, and family court — from day one.
Facing a felony DWI with a child passenger charge in Houston? Call Ceja Law Firm for a free consultation. Jose Ceja is Board-Certified, a former prosecutor, and available 24/7. Hablamos español.
