DWI Child Passenger Lawyer | Varghese Summersett

DWI child passenger is one of the most serious drunk driving charges you can face in Texas without injuring or killing someone. Under Texas Penal Code § 49.045, driving while intoxicated with anyone under 15 years old in your vehicle is automatically a state jail felony. If you’ve been arrested in Dallas County, you’re facing potential state jail time, steep fines, and a permanent felony record.

This charge carries consequences that go far beyond a standard DWI. Because a child was present, prosecutors in Dallas County pursue these cases aggressively. They view them as cases where an adult put a vulnerable person at risk. That prosecutorial mindset shapes everything from bond requests to plea negotiations.

At Varghese Summersett, we’ve defended hundreds of DWI cases across Texas, including charges involving child passengers. We understand the fear you’re facing right now, both as a parent and as someone staring down a felony charge. Let us help you understand your options.

What Makes DWI with Child Passenger Different from Other DWI Charges?

A standard first-time DWI in Texas is a Class B misdemeanor. Add a child passenger under 15, and the charge immediately becomes a state jail felony. That single fact changes everything about how your case is handled, from the courthouse where it’s heard to the potential punishment you face.

You don’t need a prior DWI conviction. You don’t need an elevated blood alcohol concentration. The presence of the child alone triggers the enhancement. This means someone with no criminal history whatsoever can find themselves facing their first felony arrest over a single traffic stop.

The law doesn’t require that the child was actually harmed or that an accident occurred. Prosecutors only need to prove two things: that you were intoxicated while operating a motor vehicle, and that a child under 15 was present in the vehicle at the time.

Texas Penal Code § 49.045: The Legal Definition

Under Texas Penal Code § 49.045, a person commits the offense of DWI with a child passenger if they operate a motor vehicle in a public place while intoxicated with a passenger in the vehicle who is younger than 15 years of age. The statute treats this as a state jail felony regardless of your prior criminal history.

Texas law defines intoxication in two ways. First, you’re considered intoxicated if you don’t have the normal use of your mental or physical faculties because of alcohol, drugs, or a combination of both. Second, you’re intoxicated if you have a blood alcohol concentration of 0.08 or higher.

The definition of “child passenger” is straightforward. Any person under 15 years old in your vehicle qualifies. This includes your own children, stepchildren, relatives, or children you’re simply giving a ride.

Penalties for DWI with Child Passenger in Dallas

Because this is a state jail felony, the penalties are substantially more severe than a typical misdemeanor DWI:

• 180 days to 2 years in a state jail facility
• Fines up to $10,000
• Driver’s license suspension of 90 days to 2 years
• Mandatory installation of an ignition interlock device
• Permanent felony record that cannot be expunged
• 0-180 days in jail as a condition of probation

Beyond these direct consequences, a felony conviction affects your life in ways that don’t appear in the sentencing guidelines. You may lose professional licenses. Employers often reject applicants with felony convictions. Child custody arrangements can be affected. If you’re not a U.S. citizen, a felony conviction can trigger deportation proceedings.

Dallas County prosecutors take these cases seriously. The Frank Crowley Courts Building handles felony cases, and the district attorneys assigned to these courts understand how judges and juries view allegations involving children. That context matters when building your defense strategy.

What About CPS Involvement?

One of the most frightening aspects of a DWI with child passenger charge is the potential for Child Protective Services involvement. When police make an arrest involving a child, they frequently notify CPS. This can trigger an investigation separate from your criminal case.

A CPS investigation can affect custody arrangements, require you to complete parenting classes, and create stress for your entire family. Even if the criminal case is dismissed, the CPS investigation may continue on its own track.

If you’re facing a CPS investigation alongside your criminal charge, you need an attorney who understands both systems. The Dallas DWI lawyers at Varghese Summersett work alongside our family law team to protect you on both fronts.

Bond for DWI with Child Passenger

After an arrest for DWI with a child passenger, your first concern is getting out of jail. In Dallas County, you’ll likely be taken to the Lew Sterrett Justice Center for booking and processing. Bond amounts vary based on several factors including your criminal history, the specific circumstances of your arrest, and the judge who sets bail.

Based on an analysis of over 52,000 bonds set in Texas courts, the average bond for DWI with a child passenger under Texas Penal Code § 49.045 was approximately $3,750. The most common bond amount set was $1,500. However, your bond could be higher depending on aggravating factors like an elevated BAC, an accident, or prior criminal history.

Bond conditions typically include requirements to abstain from alcohol, submit to random testing, and avoid driving unless you have an interlock device installed. Violating these conditions can result in your bond being revoked and a return to custody.

How Our Dallas DWI Lawyers Defend These Cases

Every defense strategy begins with examining whether the traffic stop itself was legal. Police need reasonable suspicion to pull you over. Without it, everything that follows, the field sobriety tests, the breath test, the arrest, may be suppressible. We review dashcam footage, body camera recordings, and police reports looking for constitutional violations.

We also scrutinize the evidence of intoxication. Field sobriety tests are notoriously unreliable. Officers often administer them incorrectly. Medical conditions, fatigue, and even certain footwear can cause false positives. Breathalyzer machines require proper calibration and certified operators. Blood tests require proper chain of custody procedures.

In one recent case in Denton County, our attorneys represented a client charged with DWI with a child passenger. Through skilled negotiation, we secured a reduction to Obstruction of a Highway with 12 months deferred adjudication and no interlock requirement. This meant our client avoided a felony conviction entirely. Past results do not guarantee future outcomes, but this case illustrates what’s possible with aggressive defense work.

If you’ve been charged with a DWI offense in Dallas, talk to a lawyer before you speak to police. Anything you say can be used against you, and early intervention often shapes how a case unfolds. Call (214) 903-4000 for a free consultation.

Common Defense Strategies

Challenging the stop itself remains one of the most effective defenses. Police cannot pull you over on a hunch. They need specific, articulable facts suggesting a traffic violation or criminal activity. When we can show that the stop was pretextual or lacked reasonable suspicion, the court may suppress all evidence obtained afterward.

We also examine whether you were actually “operating” the vehicle. Texas law requires proof that you were driving or operating the car while intoxicated. If you were parked, sleeping in your vehicle, or otherwise not driving when police arrived, this element may be contestable.

Medical defenses also come into play. Certain health conditions can mimic signs of intoxication. Diabetes, inner ear problems, and neurological conditions can affect balance and coordination. Some medications cause symptoms that officers mistake for impairment.

For breathalyzer results, we examine the machine’s maintenance records, calibration logs, and the operator’s certification. Improperly maintained equipment produces unreliable results. The same scrutiny applies to blood draws: was a warrant obtained? Did the technician follow proper procedures? Was the sample stored correctly?

The Child Passenger Element

Even if the prosecution can prove intoxication, they must also prove the presence of a child under 15. In some cases, there may be questions about the child’s age, whether the child was actually in the vehicle, or whether you knew the child was present.

Documentary evidence of the child’s age becomes relevant. Birth certificates, school records, and testimony may all come into play. While these defenses apply in limited circumstances, they’re worth exploring in any case where the facts are unclear.

What Happens After a Dallas County DWI Arrest

Understanding the court process helps reduce anxiety and allows you to make informed decisions. After booking at the Lew Sterrett Justice Center, you’ll appear before a magistrate who sets your bond. Within about two weeks, you’ll receive notice of your arraignment date.

At arraignment, you’ll enter a plea. We typically recommend pleading not guilty at this stage, which preserves all your options. The case then moves to a pre-trial phase where your attorney reviews evidence, files motions, and negotiates with prosecutors.

Felony cases in Dallas County are heard at the Frank Crowley Courts Building. Your case will be assigned to one of the felony district courts. Each court has its own judge and prosecutor, and their approach can significantly affect how your case proceeds.

Throughout this process, you’ll have opportunities to negotiate a plea agreement. Prosecutors sometimes agree to reduce charges, recommend probation instead of jail time, or dismiss enhancement allegations. The strength of your defense, combined with skilled negotiation, determines what offers you receive.

Related Charges That May Apply

DWI with a child passenger doesn’t exist in isolation. Depending on the circumstances of your arrest, you might face additional charges. If you were in an accident that caused injuries, intoxication assault charges could apply. If someone died, intoxication manslaughter becomes a possibility.

Multiple DWI offenses compound the consequences. A second DWI with a child passenger could result in enhanced penalties. The state may also pursue child endangerment charges under the Family Code, which carry their own consequences.

Our attorneys evaluate all potential charges and build a defense that addresses each one. Sometimes the best strategy involves negotiating a global resolution that addresses multiple allegations at once.

What to Expect From Varghese Summersett

When you hire our firm, you get more than a lawyer. You get a team. Varghese Summersett has over 70 team members across our Texas offices, including Fort Worth, Dallas, Houston, and Southlake. Several of our attorneys are board certified in criminal law, a distinction held by fewer than 10% of Texas attorneys.

We’ve secured over 1,600 case dismissals and 800 charge reductions for our clients. We’ve handled thousands of DWI cases across every county in the Dallas-Fort Worth metroplex. That experience translates into knowing which arguments work with specific judges, which prosecutors are open to negotiation, and which cases should go to trial.

From your first call to the resolution of your case, you’ll have direct access to your attorney. We keep you informed at every step, explain your options in plain language, and make sure you understand the implications of every decision.

Protect your rights and your future. Schedule a free consultation by calling (214) 903-4000 today.

Frequently Asked Questions

Can I get probation for DWI with a child passenger in Texas?

Yes, probation is available for DWI with a child passenger. While the charge is a state jail felony with potential incarceration of 180 days to 2 years, judges can grant community supervision (probation) instead of jail time in appropriate cases. Factors like your criminal history, the specific facts of your case, and the quality of your defense all influence whether probation is offered.

Will I lose custody of my children after a DWI with child passenger arrest?

An arrest does not automatically mean you’ll lose custody. However, the charge can trigger a CPS investigation and may be raised in family court proceedings. If you’re going through a custody dispute, the other parent may use the arrest against you. Working with attorneys who understand both criminal defense and family law helps protect your parental rights.

Is deferred adjudication available for DWI with child passenger?

Unlike standard DWI charges, deferred adjudication is available for DWI with a child passenger because it’s charged as a state jail felony rather than a DWI offense under Chapter 49. This is actually a strategic advantage. If you successfully complete deferred adjudication, you avoid a conviction, though the arrest record remains.

What if my BAC was below 0.08 but I was still charged?

Texas law allows for DWI charges even with a BAC below 0.08 if you’ve lost the normal use of your mental or physical faculties due to alcohol or drugs. Prosecutors can pursue charges based on officer observations, field sobriety test performance, and other evidence. However, a below-threshold BAC significantly strengthens your defense.

How long will my driver’s license be suspended?

A DWI with child passenger conviction can result in license suspension from 90 days to 2 years. However, you may also face an Administrative License Revocation (ALR) suspension that takes effect before your criminal case is resolved. You have 15 days from your arrest to request an ALR hearing, which can preserve your driving privileges while your case is pending.

Don’t wait to get legal help. The sooner you have an experienced attorney on your side, the more options you’ll have. Call Varghese Summersett today at (214) 903-4000 to schedule your free consultation with a Dallas DWI defense attorney.