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

 Posted on July 23, 2025 in DWI / DUI

Getting arrested for driving while intoxicated (DWI) is always serious, but the consequences are even more severe if a child is in the vehicle. In Texas, this type of charge is considered child endangerment and can lead to felony charges, jail time, and even involvement from child protective services. If you have been accused of DWI with a child passenger, a San Antonio, TX DWI attorney can help you understand the law and your rights.

What Does Texas Law Say About DWI With a Child Passenger?

Texas Penal Code § 49.045 addresses what happens if someone drives a vehicle in a public place while intoxicated and there is a child in the car. The law specifically states the child must be under 15 for the charge of DWI with a child passenger to apply. This offense is classified as a state jail felony, a type of felony that falls between a misdemeanor and more serious felonies. The charge is elevated even if it is your first offense, and no one was injured. Keep in mind that this is different from a standard DWI. The presence of a child automatically makes the case more serious.

Penalties for DWI With a Child in Illinois

A conviction for a DWI with a child passenger can result in up to two years in jail and a $10,000 fine. Additionally, the Texas Department of Public Safety can suspend your driver’s license under Texas Transportation Code § 521.344, which governs license suspensions for certain alcohol-related offenses. In some cases, the court may also order you to install an ignition interlock device, attend alcohol education classes, or complete community supervision. These penalties can have lasting effects on your job, finances, and freedom.

Are the Consequences More Severe if the Child Passenger During a DWI Is Your Child?

If the child in the car is your own, the Texas Department of Family and Protective Services (DFPS) may become involved. A DWI arrest under these circumstances can trigger a child abuse or neglect investigation, and according to Texas Family Code § 261.001, a parent may be accused of neglect if they place a child in a situation that exposes them to a substantial risk of harm. DWI with your child in the car may fall under this definition.

If DFPS opens a case, you may be subject to home visits, parenting evaluations, or even temporary loss of custody while the investigation is ongoing. In some situations, the result of a DFPS investigation may also be used against you in family court proceedings.

Challenging a DWI With a Child Passenger Charge in Texas

Like a standard DWI, a DWI with a child passenger charge can be challenged. Several defenses may apply, including:

• Illegal traffic stop: If the officer did not have legal grounds to pull you over, the entire case may be dismissed. 

• Faulty testing: Breath or blood test results can be inaccurate for several reasons, including if procedures were not followed correctly.

• Age dispute: The charge only applies if the child is under 15. If the child is older, the charge may not stand.

• Emergencies: If you were driving to protect the child in an emergency, that context may affect the outcome of your case. 

Contact a San Antonio, TX DWI With a Child Passenger Attorney

Facing a felony charge alone is a significant risk with potential implications for your freedom, license, and parental rights. If you are in this situation, contact a San Antonio, TX DWI defense lawyer at Law Offices of Sam H. Lock to schedule a consultation today.