Driving impaired with a child in the car is a separate, harsher charge in Texas than a standard DWI, and it doesn’t matter whether the child was yours. If there was a passenger under 15 in the vehicle, prosecutors will almost certainly file under this statute instead of a standard first offense.
What the Statute Actually Requires
- Intoxication while driving. Same legal standard as any DWI.
- A passenger younger than 15. The child doesn’t have to be related to you for the charge to apply.
How Texas Punishes It
- State jail felony from the first offense. 180 days to two years, plus a fine of up to $10,000, even with no prior DWI record.
- Third-degree felony with a prior intoxication manslaughter conviction or two or more prior DWI-related convictions.
- No deferred adjudication. This is one of the offenses Texas specifically excludes from deferred adjudication eligibility.
- License suspension of 90 days to a year for a first conviction.
What’s Often Overlooked
This charge can trigger a separate CPS investigation, apart from the criminal case entirely. Whether the State can actually prove the child’s age, and whether the underlying stop and intoxication evidence hold up, are still the central questions. The child passenger element doesn’t change what has to be proven about intoxication itself.
Charged With DWI and a Child in the Car? Contact Blass Law Now
Contact Blass Law for a confidential case evaluation or call (713)-664-4000. This charge moves fast and touches more than the criminal case alone.
Reviewed by Jay Blass Cohen, founder of Blass Law PLLC — ACS-CHAL Forensic Lawyer-Scientist, certified Drug Recognition Expert, and SFST instructor, serving Houston since 2009. This article is general information, not legal advice for your situation. Prior results do not guarantee a similar outcome.