Were You Pulled Over After Having Dinner With Your Family?
Driving while intoxicated is always serious under Texas law. When a child under 15 is in the vehicle, the stakes rise dramatically. In San Antonio and across the state, prosecutors treat this offense as a felony, even if it is a first-time DWI. Understanding what is at risk helps families make informed decisions when facing charges.
How Does Texas Define a DWI with a Child Passenger?
Under Texas Penal Code §49.045, driving while intoxicated with a passenger younger than 15 is a state jail felony. Unlike standard DWI charges, which can begin as misdemeanors, the presence of a child automatically elevates the offense.
This law applies whether the driver’s blood alcohol concentration is at or above 0.08, or if officers determine through testing and observation that the driver has lost normal use of mental or physical faculties due to alcohol or drugs.
What Are the Criminal Penalties for This Offense?
A DWI with a child passenger is punishable by:
- Jail time: 180 days to 2 years in a state jail facility
- Fines: Up to $10,000
- Probation: Judges may order community supervision, but the felony remains on record
- License suspension: Up to 180 days, separate from criminal penalties
Because this is a felony charge, it carries lifelong consequences beyond jail or fines, including restrictions on employment and professional licenses.
How Does This Differ from a First-Time DWI?
A first-time DWI without aggravating factors is generally a Class B misdemeanor, with a maximum of 180 days in county jail and up to $2,000 in fines. When a child under 15 is present, the same incident jumps to a felony, with much harsher sentencing ranges.
This distinction is why prosecutors in Bexar County aggressively pursue these cases. Judges in San Antonio courts often emphasize child safety, making these cases especially difficult to resolve without skilled legal defense.
Can Child Endangerment Charges Also Be Filed?
Yes. In addition to the DWI charge, prosecutors may pursue child endangerment allegations under Texas Family Code provisions. Conviction on both can lead to harsher penalties and consequences in family court. Parents risk involvement from Child Protective Services, custody challenges, and loss of parental rights in extreme cases.
What Happens to Your Driver’s License After an Arrest?
The Texas Department of Public Safety initiates an Administrative License Revocation (ALR) hearing process after a DWI arrest. If the driver fails or refuses a breath or blood test, DPS may suspend the license for up to 180 days. This is separate from the court case, meaning drivers must address both proceedings to protect their ability to drive.
How Do Local Courts Handle These Cases in San Antonio?
Felony DWI cases in San Antonio are typically heard in Bexar County District Courts. Defendants may first appear in the county court at law for arraignment before being transferred to a felony docket. Prosecutors often present videos from traffic stops, blood alcohol testing results, and officer testimony.
Major roadways such as I-35, Loop 410, and I-10 are frequent sites of DWI arrests, and officers in San Antonio are trained to identify child passengers during stops. Courts here rarely treat these cases lightly.
What Collateral Consequences Can Result from a Conviction?
Beyond jail, fines, and license suspension, a felony DWI with a child under 15 can affect nearly every part of life:
- Difficulty securing jobs, especially in education or healthcare
- Loss of eligibility for certain professional licenses
- Immigration consequences for non-citizens
- Family law complications, including custody disputes
These collateral impacts often outlast the original sentence, making early legal strategy critical.
What Defenses Might Apply to a DWI with a Child Case?
Every case is unique, but possible defenses include:
- Challenging the legality of the traffic stop
- Questioning field sobriety test administration
- Reviewing blood or breath test accuracy under Texas Department of Public Safety protocols
- Presenting evidence of alternative explanations for observed behavior
Because these cases involve children, prosecutors often argue aggressively. A strong defense requires both technical knowledge of DWI testing and practical experience in San Antonio courts.
Why Are These Cases Taken So Seriously in Texas?
Texas lawmakers designed these penalties to deter impaired driving with minors. The state prioritizes child safety and imposes harsher punishments when kids are involved. For parents and guardians, this means the consequences extend beyond the criminal case, potentially altering family relationships and futures.
How Can Our Team Help You Navigate a Felony DWI Charge?
After an arrest with a child in the car, act quickly. Write down what you remember about the stop, times, locations, and any witnesses. Save receipts, texts, and phone records that confirm your timeline. Request an ALR hearing immediately to contest the license suspension. Avoid social media posts about the case. Follow bond conditions such as ignition interlock or no alcohol. Keep medical or counseling records related to stress or treatment. Gather paperwork for your first attorney meeting so we can review testing methods, patrol video, and chain of custody, then build a focused defense strategy before your first setting.
At LaHood Norton Law Group, PLLC, we bring both confidence and character to high-stakes DWI defense. Our attorneys are former high-level prosecutors who know how San Antonio courts approach DWI cases and child cases. We use that experience to build defenses grounded in technical skill and courtroom strategy.
If you or a loved one faces a felony DWI charge involving a child, call us at 210-750-4490. We combine assertive advocacy with an empathetic understanding of what is at risk for your family.
