By Graham Norris

A standard DWI is typically a misdemeanor. The presence of a child passenger, however, changes the entire nature of the offense. Texas law categorizes a DWI with a passenger under 15 as a state jail felony. This is a significant legal upgrade.

The core reason for this severity is the perspective of the court. The situation is no longer viewed as a poor decision that risked your own safety, but as a conscious action that placed a vulnerable and innocent life in direct danger. This element of child endangerment mandates a much harsher response from the legal system.

This felony classification is automatic and separate from any potential child endangerment charges from Child Protective Services. It means you are facing a fundamentally more complex and punishing legal battle from the moment you are charged.

The CPS Investigation: Protecting Your Family and Parental Rights

A DWI arrest with a child passenger triggers two separate legal battles: one in criminal court and another with Child Protective Services (CPS). This independent investigation focuses solely on the child’s welfare, creating a parallel proceeding that demands immediate and strategic attention to protect your family.

• The Immediate Aftermath and Safety Plan: Following the arrest, a CPS caseworker will likely contact you to conduct an assessment. This often involves interviews with you, your child, and other family members. A critical early step may be the presentation of a “safety plan.” It is vital to consult with your attorney before agreeing to any such plan, as its terms can significantly impact your family dynamics.
• The Goals and Potential Outcomes: The primary goal of CPS is to ensure the child’s safety, not necessarily to permanently separate families. Outcomes vary widely, from the case being closed with no finding of neglect if the criminal charges are defeated, to a requirement for you to complete services like parenting classes or counseling.
• Coordinating Your Defense: Managing both systems simultaneously requires a coordinated legal strategy. Your criminal defense team can work to challenge the evidence against you, which directly undermines the basis of the CPS investigation. Taking proactive steps, such as voluntarily enrolling in a substance abuse evaluation, can also demonstrate your commitment to your child’s well-being.

The Severe Consequences: Enhanced Penalties You Must Know

A state jail felony conviction for DWI with a child passenger carries a set of mandatory, harsh penalties designed to punish and deter. These consequences are far more severe than those for a standard DWI and can alter the course of your life.

• Mandatory Jail Time: A conviction comes with a mandatory minimum of 180 days in jail, with the possibility of a sentence as long as two years in a state jail facility.
• Substantial Financial Fines: You can be fined up to $10,000, a financial burden that creates long-term strain.
• Extended Driver’s License Suspension: The state will suspend your driver’s license for a full two years. Critically, unlike a standard DWI, you are not eligible for an occupational license during this period.
• A Permanent Felony Record: A conviction results in a permanent felony record that cannot be sealed. This will follow you for life, creating barriers to employment, housing, and professional licensing.

Building the Prosecution’s Case: The Two Elements

To secure a conviction, the state must prove two distinct elements beyond a reasonable doubt. A strong defense often begins by challenging the validity of this evidence.

• Proof of Intoxication: The state must first prove you were legally intoxicated while operating a motor vehicle. This can be attempted through various means, such as officer testimony about your driving behavior, a breath test result showing a BAC of 0.08 or greater, or a blood test. The methods used to gather this evidence must follow strict protocols, and any misstep can be used to challenge its reliability.
• Proof of a Child Passenger Under 15: The second, and defining, element the prosecution must prove is that a passenger under the age of 15 was in the vehicle at the time of the arrest. The state will use officer observation, witness statements, and even DMV records to establish this fact.

A Path Forward: Strategic Defenses for Your Case

An arrest is not a conviction. Even in a case with serious allegations, there are multiple strategic defense paths that can lead to a reduction of charges or even a full dismissal.

• Challenging the Legality of the Traffic Stop: The foundation of the entire case rests on the initial traffic stop. The law requires an officer to have a valid legal reason, known as reasonable suspicion, to pull you over. If your attorney can successfully argue that the stop was unlawful, the judge may suppress all evidence gathered afterward. This can often lead to the case being completely dismissed.
• Contesting the Evidence of Intoxication: The scientific evidence of intoxication is not infallible. Breathalyzer machines require meticulous calibration and proper administration. Blood samples must be handled and stored according to a strict chain of custody. A rigorous defense will scrutinize every step of this process to find weaknesses and create reasonable doubt. These strategies are similar to those used in defending standard DWI charges.
• Negotiating a Reduction of the Charges: When the evidence against you is strong, the goal shifts to damage control. An experienced attorney can often negotiate with the prosecutor to have the felony child passenger enhancement dropped. In exchange for a plea to a standard DWI, you would face only misdemeanor penalties. This strategic outcome avoids a felony record and the mandatory jail time, representing a significant victory for your future.

Secure Your Defender Today

Facing these enhanced charges can feel isolating, but you do not have to stand alone against the system. At Norris Legal Group, we provide more than just legal representation; we offer a partnership founded on dignity, trust, and relentless fight. We understand that a case is more than a file—it’s your future, your family, and your reputation.

With a proven track record of success in complex cases, we put our experience to work for you. This means transparent communication that keeps you informed and a team of dedicated advocates fighting vigorously on your behalf. Don’t let one moment define your future. Take control now by contacting Norris Legal Group for a confidential case evaluation to secure the powerful defense you need.