DWI with Child Passenger in Denton County | Free Consultation

If you’re charged with DWI with a child passenger in Denton County, you’re facing a state jail felony with jail time up to two years, a $10,000 fine, and a permanent criminal record. This enhanced charge applies even if the child wasn’t harmed. Your next move could determine whether you keep your freedom, your driver’s license, and your reputation.

This isn’t standard DWI. Texas law treats driving intoxicated with a child under 15 in your vehicle as child endangerment. Prosecutors take these cases seriously because they involve children, and judges rarely show leniency.

Why Denton County Trusts Varghese Summersett

Our criminal defense team brings over 100 years of combined DWI defense experience. Lead attorneys Benson Varghese and Anna Summersett have each handled thousands of intoxication cases throughout Texas. Benson is Board Certified in Criminal Law by the Texas Board of Legal Specialization, a distinction held by fewer than 3% of Texas attorneys.

We’ve secured more than 1,600 dismissals and 800 charge reductions across our Fort Worth, Dallas, Houston, and Southlake offices. Our team includes former prosecutors who understand how the State builds child passenger DWI cases and where weaknesses exist. Attorneys from our firm regularly appear in local and national media as legal analysts, including NBC, ABC, and Fox News.

Past results do not guarantee future outcomes, but our track record demonstrates our commitment to protecting clients facing serious DWI charges in Denton County.

What Makes DWI with Child Passenger Different?

A standard first-offense DWI in Texas is a Class B misdemeanor. But drive with a child passenger under 15, and the charge becomes a state jail felony under Texas Penal Code § 49.045. The law doesn’t require proof that you intended to endanger the child. The child’s presence in the vehicle is enough.

The State must prove three elements beyond a reasonable doubt. First, you operated a motor vehicle in a public place. Second, you were intoxicated while operating that vehicle. Third, a passenger under 15 years old was in the vehicle at the time.

Intoxication means either lacking normal use of mental or physical faculties due to alcohol, drugs, or another substance, or having a blood alcohol concentration of 0.08 or higher. The State can prove intoxication through officer observations, field sobriety tests, breath tests, or blood tests.

Relationship to the child doesn’t matter. Whether the child is your son, your neighbor’s daughter, or a stranger doesn’t change the charge. The law applies equally if you’re a parent driving your own children or a rideshare driver with an underage passenger.

Penalties for DWI with Child Passenger in Denton County

As a state jail felony, this charge carries 180 days to 2 years in state jail and a fine up to $10,000. You’ll also face a driver’s license suspension up to 180 days through the Texas Department of Public Safety’s Administrative License Revocation (ALR) program.

A felony conviction creates permanent consequences beyond jail time. You’ll have a criminal record that appears on background checks. Many employers won’t hire convicted felons. Professional licenses may be revoked or denied. You could lose voting rights and gun ownership rights. Immigration consequences include deportation for non-citizens.

Child Protective Services often gets involved when a parent is arrested for DWI with their child in the car. CPS may open an investigation, interview family members, and monitor your home. In severe cases, they may temporarily remove children from your custody. These investigations can last months and affect your parental rights.

Bond Amounts in Denton County

Based on our analysis of Denton County bond data from 2025, judges set bonds in 55 cases of DWI with a child passenger under Texas Penal Code § 49.045(b). The most common bond amount was $3,500. The average bond for this offense was $8,900.

Bond amounts vary based on several factors. Judges consider your criminal history, the child’s age, whether the child was injured, your blood alcohol concentration, whether you fled the scene, and whether you have ties to the community.

Higher bonds typically apply when the child is very young, when your BAC is significantly over the legal limit, when you have prior DWI convictions, or when aggravating factors like an accident or injury are present. A clean record and strong community ties often result in lower bonds.

Common Defenses to DWI with Child Passenger

Several defense strategies can challenge these charges. The most effective approach depends on the specific facts of your case.

One strong defense is challenging the traffic stop itself. Officers need reasonable suspicion to pull you over. If the stop was illegal, any evidence gathered afterward may be suppressed. This includes field sobriety tests, breath tests, and blood tests.

Field sobriety tests are notoriously unreliable. Many factors besides intoxication affect performance: medical conditions, injuries, fatigue, nervousness, uneven surfaces, poor lighting, and improper officer administration. We scrutinize test administration for errors and challenge results that don’t meet legal standards.

Breath and blood tests aren’t foolproof. Breath test machines require regular calibration and maintenance. Mouth alcohol, medical conditions, and officer error can produce false readings. Blood samples must follow strict collection, storage, and testing procedures. Chain of custody issues, contamination, or lab errors can invalidate results.

The child’s presence must be proven beyond reasonable doubt. If the child wasn’t visible or the officer didn’t discover the child until after the arrest, the State may struggle to prove you were operating the vehicle with the child inside. Dashcam and body camera footage become critical evidence.

Some cases involve witnesses who saw someone else driving. Or the arrest occurred after you’d already parked and left the vehicle. Timing matters. The State must prove you were intoxicated while operating the vehicle, not merely that you were intoxicated when police arrived.

The Legal Process for DWI Cases in Denton County

Understanding what happens next helps reduce anxiety about the unknown.

If arrested for DWI with a child passenger in Denton County, police transport you to the Denton County Jail for booking. You’ll be photographed, fingerprinted, and held until you post bond or appear before a magistrate. Most DWI arrests result in release within 24 hours after posting bond.

You have 15 days from the date of arrest to request an ALR hearing to challenge your license suspension. Missing this deadline means automatic suspension. Contact an attorney immediately to preserve this right.

Your first court appearance is arraignment, where you hear the formal charges and enter a plea. Never enter a plea without consulting an attorney first. The State will likely offer a plea deal at some point. Our job is evaluating whether the offer is fair or whether taking your case to trial serves your interests better.

Discovery is the evidence-gathering phase. We obtain police reports, video footage, lab results, and witness statements. We file motions to suppress illegally obtained evidence. We challenge the admissibility of tests performed incorrectly.

If your case goes to trial, a jury decides guilt or innocence. The State bears the burden of proving every element beyond a reasonable doubt. Many DWI cases with child passengers result in dismissals, reductions to lesser charges, or not guilty verdicts when the evidence is weak or when police made procedural mistakes.

Timeline expectations vary. Simple cases may resolve in 3-6 months. Complex cases with suppression hearings or trial preparation can take 12-18 months. While this seems long, thorough preparation often produces better results than rushing to plea.

What to Do Immediately After Arrest

Your actions in the hours and days after arrest matter more than you think.

First, exercise your right to remain silent. Do not discuss your case with anyone except your attorney. Police use every statement against you. Even seemingly harmless comments can hurt your defense. Jail calls are recorded. Be careful what you say to family members while in custody.

Second, document everything you remember about the arrest. Write down what you ate and drank, when you last consumed alcohol, where you were going, why you were pulled over, what the officer said and did, how the field sobriety tests were administered, and any medical conditions or injuries that might have affected your performance. Details fade quickly. Record them while memory is fresh.

Third, preserve evidence. If you have receipts from restaurants or bars, save them. If other people were with you who can testify about your condition, get their contact information. If you have a medical condition that affects balance or speech, gather medical records. This evidence becomes crucial later.

Fourth, request the ALR hearing within 15 days. Your attorney will handle this, but time is critical. Don’t wait to hire counsel if you want to contest the license suspension.

Fifth, contact an experienced Denton County DWI attorney immediately. Early intervention allows us to investigate while evidence is fresh, interview witnesses before memories fade, and challenge the license suspension before it takes effect. Waiting weeks to hire counsel puts you at a disadvantage.

Local Resources in Denton County

If you’ve been arrested for DWI with a child passenger in Denton County, these local resources may be helpful:

• Denton County Sheriff’s Office – For bond and jail information
• Denton County District Courts – Where felony cases are heard
• Denton County Jail – For information about inmates and visitation
• Denton County Community Supervision – For probation information

What to Expect From Varghese Summersett

When you hire our firm, you’re not just getting a lawyer. You’re getting a team of defense professionals dedicated to protecting your rights.

We start with a thorough case review. We examine every piece of evidence: police reports, video footage, breath test results, blood test results, officer training records, and machine maintenance logs. We look for weaknesses in the State’s case and opportunities to challenge evidence.

We communicate clearly and regularly. You’ll always know what’s happening with your case. We explain legal concepts in plain English, not lawyer jargon. We return calls promptly and answer questions thoroughly. You’re not just another case number.

We fight aggressively. If the evidence supports it, we file motions to suppress illegally obtained evidence. We challenge flawed tests. We cross-examine State witnesses. We’re prepared to take your case to trial if that’s in your best interest.

We also know when negotiation serves you better than trial. Sometimes the best outcome is a reduced charge or favorable plea agreement. We have relationships with Denton County prosecutors and judges built on credibility and professionalism. When we tell them we’ll try a case, they believe us.

Our goal isn’t just avoiding conviction. It’s protecting your future. We consider immigration consequences, employment impacts, professional licensing issues, and child custody concerns. We see the whole picture, not just the criminal charge.

Have more questions? Watch our video series where our attorneys answer common questions: Denton County Criminal Defense Videos

Frequently Asked Questions

Can I get a DWI with child passenger charge reduced to a misdemeanor?

Yes, in some cases. Prosecutors may reduce the charge to standard DWI if the evidence is weak, if this is your first offense, or if mitigating circumstances exist. An experienced attorney can negotiate these reductions. However, the State takes these cases seriously, and reductions aren’t automatic. You need strong representation to secure a favorable outcome.

What happens if my child was in a car seat and not injured?

The child’s safety restraint and lack of injury don’t eliminate the charge. Texas law makes it a felony to drive intoxicated with any child under 15 in the vehicle, regardless of car seats or whether harm occurred. The law focuses on the risk you created, not the actual result. However, these facts may help during plea negotiations or sentencing if you’re convicted.

Will CPS take my children if I’m arrested for DWI with a child passenger?

Not necessarily, but CPS often investigates these cases. They’ll assess your home environment, interview family members, and determine if children are safe. Most families remain intact during investigations. However, CPS may require monitoring, drug testing, parenting classes, or supervised visitation. In severe cases or if other risk factors exist, temporary removal is possible. Having a criminal defense attorney and potentially a family law attorney helps protect your parental rights during this process.

Can I refuse a breath or blood test in a DWI with child passenger case?

You can refuse, but consequences exist. Texas has implied consent laws. Refusal triggers automatic license suspension for at least 180 days. Additionally, if police obtain a warrant for your blood, refusal doesn’t prevent testing. Prosecutors may use your refusal against you at trial, arguing consciousness of guilt. However, refusal eliminates one piece of evidence the State can use. Whether to refuse is a case-specific decision best made after consulting an attorney, though you typically must decide at the time of arrest.

How does a DWI with child passenger affect my custody case?

This charge significantly impacts custody proceedings. Family courts consider it evidence of poor judgment and potential danger to children. The other parent will likely use it to argue for primary custody or supervised visitation. However, one mistake doesn’t automatically cost you custody rights. Courts look at the totality of circumstances: your relationship with your children, your criminal history, whether you complete treatment programs, and whether you demonstrate rehabilitation. An experienced Denton County child custody attorney can help protect your parental rights during this difficult time.

Don’t Face These Charges Alone

A DWI with child passenger charge in Denton County threatens your freedom, your family, and your future. The decisions you make now will impact your life for years to come. You need experienced legal representation that understands both the law and the local court system.

Our Denton County DWI defense team has the knowledge, resources, and commitment to fight for the best possible outcome in your case. We’re available now to answer your questions and begin building your defense. Call us at (940) 225-2220 for a free consultation. Your future is too important to leave to chance.