What Happens if I Get a DWI With a Child in My Vehicle in Texas?

As you know, it is wrong to drive while under the influence of drugs or alcohol. Unfortunately, if you are someone who was pulled over with a BAC of .08% or higher, received a DWI. However, if a passenger under the age of 15 was also in the vehicle at the time of your DWI, you are most likely now facing even harsher charges. Please continue reading and speak with our experienced Texas criminal defense attorneys to learn more about how we can help you if you recently received a DWI with a child in your vehicle. Here are some of the questions you may have:

What happens if I get a DWI with a child in the car?

Texas law states that if you are charged with a DWI while you had a passenger who was under the age of 15, you will face various serious consequences. To start, a DWI with a minor in the car is a state jail felony, which means that you will obtain a criminal record upon conviction, as well as face the following consequences:

  • Between 180 days-2 years in jail
  • A potential $10,000 fine
  • You will have to attend an alcohol counseling/a DWI education class
  • You will have to install and use the ignition interlock device
  • Up to 1,000 hours of community service
  • A potential 180-day license suspension

You May Also Receive Child Endangerment Charges

While the consequences you may face for a DWI are severe enough, you should also understand that driving while intoxicated with a minor in the car oftentimes constitutes child endangerment charges under Texas law as well. Texas Penal Code section 22.041 (c) states that you are guilty of endangering a child if you:

  • Intentionally, knowingly, recklessly, or with criminal negligence, engage in conduct that places a child who is younger than 15 years old in imminent danger of death, bodily injury, or physical or mental impairment.

Once you are charged with a DWI with a child passenger, prosecutors will file a report with CPS, which may affect your ability to have custody of your children. Rather obviously, this can drastically impact your family life, as well as your reputation. Our firm is here to help you fight these charges, tooth-and-nail. All you have to do is pick up the phone and give us a call.


We understand how challenging various legal matters can be, which is why we have dedicated ourselves to helping clients in Texas through a wide array of legal matters, including personal injury law and criminal defense. If you have sustained a serious injury or are facing criminal charges, contact the Gonzalez Law Group today to learn more about how we can help you through every step of the legal process ahead.