DWI with a child passenger in Fort Bend County is a state jail felony under Texas Penal Code § 49.045 — even if it is your first DWI offense. A conviction can mean up to two years in a state jail facility, a fine of up to $10,000, and lasting damage to your reputation, your driver’s license, and your relationship with your children.
Varghese Summersett’s Houston-area office handles DWI with child passenger cases throughout Fort Bend County, including Sugar Land, Missouri City, Richmond, Rosenberg, and Pearland. The firm’s team has more than 100 years of combined experience, has secured over 1,600 dismissals and over 800 charge reductions, and includes attorneys who previously prosecuted cases in Fort Bend County itself.
Mike Hanson, Senior Counsel and Area Lead overseeing the Houston office, brings a rare perspective to these cases. He served as an Assistant District Attorney in Fort Bend County, tried more than 60 jury trials, and is Board Certified in Juvenile Law by the Texas Board of Legal Specialization — one of a small number of attorneys in Texas to hold that certification. He now uses that insider knowledge to defend people facing exactly these kinds of charges. The team at Varghese Summersett includes more than 70 professionals across four Texas offices.
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What Does It Mean to Be Charged with DWI with a Child Passenger?
Most people understand that a DWI is serious. What surprises many Fort Bend County residents is that having a child in the car — even a child who was not hurt, even for a short drive — transforms a standard misdemeanor DWI into a felony. There is no enhanced BAC requirement, no prior convictions required, and no minimum distance driven. The presence of the child alone triggers the felony charge.
People also ask whether a DWI with a child passenger can lead to additional criminal charges, CPS involvement, or loss of custody. The answer to all three is yes — and that reality makes early legal intervention more important than in most DWI cases.
The Law: Texas Penal Code § 49.045
Under Texas Penal Code § 49.045, a person commits a state jail felony if they operate a motor vehicle in a public place while intoxicated and a passenger in the vehicle is younger than 15 years of age.
To secure a conviction, the prosecution must prove each of the following elements beyond a reasonable doubt:
- The defendant operated a motor vehicle
- The vehicle was operated in a public place
- The defendant was intoxicated at the time of operation
- A passenger younger than 15 years of age was in the vehicle
“Intoxicated” is defined under Texas Penal Code § 49.01 as either (1) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or (2) having an alcohol concentration of 0.08 or more.
The burden of proof is entirely on the State. The defendant has no obligation to prove innocence, explain their actions, or testify at trial.
Penalties for DWI with Child Passenger in Texas
DWI with a child passenger is classified as a state jail felony, which carries the following potential punishments under Texas Penal Code § 12.35:
- 180 days to 2 years in a Texas state jail facility
- Fine of up to $10,000
- Driver’s license suspension
- Required ignition interlock device as a condition of bond and any community supervision
However, a judge can suspend a state jail sentence and place a defendant on community supervision (probation), which many people pursue as an alternative to incarceration.
Beyond the criminal penalties, a conviction can trigger a Child Protective Services investigation, affect pending or future family law proceedings, and appear permanently on your record as a felony. For non-citizens, a state jail felony conviction can have serious immigration consequences.
Bond Amounts for DWI with Child Passenger in Fort Bend County
Based on an analysis Varghese Summersett completed of over 1,174 DWI and intoxication-related bonds set in Fort Bend County in 2025, there were 38 cases specifically charged under § 49.045(b) — DWI with a child under 15 years old:
| Charge | Typical Bond Range | Most Common Bond |
|---|---|---|
| DWI with Child Under 15 (§ 49.045) | $2,000 – $25,000+ | $5,000 |
The average bond set across those 38 cases was $10,552. Bond amounts vary depending on the circumstances of the arrest, prior criminal history, ties to the community, and the judge assigned to the case. An experienced Fort Bend criminal defense attorney can move quickly to seek bond reduction or argue for bond conditions that keep you out of custody while your case is pending.
Common Defenses to DWI with Child Passenger Charges
The same defenses that apply to standard DWI cases can also apply here. Because the prosecution must prove every element beyond a reasonable doubt, attacking even one element can change the outcome of the case. A skilled defense attorney will examine how each element can be challenged.
Was the stop lawful? If the officer lacked reasonable suspicion to pull you over, any evidence gathered after the stop — including field sobriety tests, breath tests, and officer observations — may be suppressible. A successful motion to suppress can gut the State’s case entirely.
Was the driver actually intoxicated? Field sobriety tests are not scientific. The Standardized Field Sobriety Tests (SFSTs) — the walk-and-turn, one-leg stand, and horizontal gaze nystagmus — are subject to officer error, medical conditions, and environmental factors. Breath test machines can be miscalibrated or improperly administered. Blood test results can be challenged based on collection, storage, and chain-of-custody issues.
Was the vehicle in a public place? The law requires that the vehicle be operated in a public place. Evidence about where and how the vehicle was being driven is always subject to challenge.
Was the passenger actually under 15? Age must be proven. In cases where the child’s age is close to the statutory cutoff, this element may be contested.
Were there independent witnesses? The State often relies heavily on the arresting officer’s testimony. Defense attorneys can identify inconsistencies in police reports, dashcam footage, or bodycam recordings that undermine the officer’s account.
Even when the evidence is strong, an experienced attorney may be able to negotiate a charge reduction or an outcome that avoids a felony conviction — such as a deferred adjudication or a reduction to a lesser offense. To learn more about how DWI charges are defended in Texas, visit our page on Fort Bend DWI defense.
What Happens After a DWI with Child Passenger Arrest in Fort Bend County
Fort Bend County criminal cases are processed through the Fort Bend County Justice Center, located at 1422 Eugene Heimann Circle in Richmond. Cases are assigned to one of the county’s felony district courts, where they move through arraignment, pretrial hearings, and — if not resolved earlier — trial.
Here is a general timeline of what to expect after an arrest for DWI with a child passenger in Fort Bend County:
- Arrest and booking — You will be taken to the Fort Bend County Jail in Richmond. Bond will be set, either by a magistrate or through a bond schedule.
- Administrative License Revocation (ALR) hearing deadline — You have only 15 days from the date of arrest to request an ALR hearing to contest the suspension of your driver’s license. Missing this deadline results in an automatic suspension.
- Arraignment — You will be formally read the charges.
- Discovery and pretrial motions — Your attorney will obtain all police reports, video footage, lab results, and officer certifications. Pretrial motions, including motions to suppress evidence, are filed during this phase.
- Plea negotiations or trial — Many cases are resolved through negotiated pleas. If no acceptable resolution is reached, the case proceeds to jury trial.
The total timeline from arrest to resolution varies widely — from a few months to over a year — depending on the complexity of the case, the court’s docket, and whether expert witnesses are needed. For information about DWI probation and what community supervision looks like, see our overview of DWI probation in Texas.
What to Expect From Varghese Summersett
When you call Varghese Summersett about a DWI with child passenger case in Fort Bend County, you are not calling a general practice firm that handles these cases occasionally. You are calling a team that has spent years in the Fort Bend County courthouse — including time as prosecutors in that very office.
Mike Hanson, who leads the firm’s Houston-area practice, served as an Assistant District Attorney in Fort Bend County before joining Varghese Summersett. He knows how the local courts operate, how prosecutors evaluate these cases, and what it takes to achieve the best possible result. His Board Certification in Juvenile Law also means he understands the child welfare dimensions of these cases — a factor that often shapes how CPS involvement and custody implications are handled alongside the criminal defense.
The firm will assign experienced counsel to your case, review all evidence from the initial traffic stop through the arrest, and move quickly to address both your criminal charges and your driver’s license. Consultations are available 7 days a week. Call (281) 805-2220 to speak with someone about your case today.
For a broader look at the firm’s approach to Fort Bend DWI defense, or to understand how DWI with child passenger charges work statewide, visit those pages for additional information.
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Watch: What’s the Punishment for DWI with a Child?
This short video from Varghese Summersett breaks down what Texas law says about the punishment for DWI when a child is in the vehicle.
Watch: What’s the punishment for DWI with a child? (YouTube)
Frequently Asked Questions
Is DWI with a child passenger always a felony in Texas?
Yes. Under Texas Penal Code § 49.045, DWI with a child passenger under the age of 15 is a state jail felony regardless of whether you have any prior DWI convictions. A standard first-offense DWI is a Class B misdemeanor; adding a child passenger under 15 bumps it directly to felony status.
Can I lose custody of my child if I am convicted?
A DWI with child passenger conviction can be used as evidence in a family court proceeding. While a conviction does not automatically result in loss of custody, it can affect a judge’s assessment of parental fitness under Texas Family Code § 153.002, which requires that custody decisions serve the best interest of the child. An experienced attorney can help you understand the overlap between your criminal case and any pending family law matter.
What if my BAC was below 0.08?
Texas law defines intoxication two ways: (1) a BAC of 0.08 or more, or (2) not having the normal use of your mental or physical faculties due to alcohol or another substance. If officers believe you showed signs of impairment — even with a BAC under 0.08 — the State can still pursue charges under the impairment definition. This is especially common in drug-related DWI cases.
Will CPS get involved after my arrest?
In many cases, yes. Law enforcement may report the arrest to Child Protective Services, which has the authority to open an investigation. Having an attorney involved early — before any CPS interview — is strongly advisable. Statements made during a CPS investigation can potentially be used in related criminal proceedings.
Can a DWI with child passenger charge be reduced or dismissed in Fort Bend County?
It depends on the facts of the case. Challenges to the traffic stop, the field sobriety tests, or the chemical testing can result in evidence being suppressed or charges being reduced. Some cases are resolved through deferred adjudication, which — if successfully completed — avoids a final conviction. No attorney can promise a specific outcome, but cases with strong facts for the defense are regularly resolved short of a felony conviction.
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A DWI with child passenger charge in Fort Bend County is one of the most serious DWI offenses a person can face in Texas. The felony classification, the potential CPS involvement, and the consequences for your driver’s license all demand an attorney who knows Fort Bend County courts and who has handled these cases from both sides of the courtroom. Speak with Varghese Summersett 24/7 by calling (281) 805-2220.
