Driving while intoxicated with a passenger under 15 is a state jail felony in Texas — even on a first offense. What might otherwise be a misdemeanor becomes a felony simply because a child was in the car, and these cases almost always bring a Child Protective Services investigation alongside the criminal charge. The stakes reach your record, your license, and your parental rights.
If you or a loved one has been charged with DWI with a child passenger in Houston, Harris County, or Galveston, Brian Foley and Luis Baez — former Vehicular Crimes prosecutors — can help.
What the Law Covers
Under Texas Penal Code § 49.045, a person commits an offense if they are intoxicated while operating a motor vehicle in a public place and the vehicle is occupied by a passenger younger than 15 years of age. The State must still prove intoxication — the same element as any DWI — plus the presence of a child under 15. The child need not be related to the driver.
Penalty Range
| Item | Detail |
|---|---|
| Offense level | State Jail Felony |
| Confinement | 180 days – 2 years state jail (probation often available) |
| Fine | Up to $10,000 |
| Collateral | License suspension, ignition interlock, possible CPS case |
Because a child was in the vehicle, these charges frequently trigger a Child Protective Services investigation. What you say in one proceeding can be used in the other, so coordinating the criminal defense and the CPS response from the start is critical.
How These Cases Are Defended
- Defeating the DWI. The felony rests on proving intoxication. We challenge the stop, the field sobriety testing, and the breath or blood evidence — and if the DWI fails, the enhancement fails with it.
- Reduction. Where a conviction can't be avoided entirely, we negotiate toward a misdemeanor DWI without the child-passenger felony.
- Probation and treatment. First-time offenders frequently qualify for probation and treatment instead of confinement.
- Protecting your statements. We manage the interplay between the criminal case and any CPS investigation.
- The 15-day license deadline. We request the ALR hearing to protect your license and lock in officer testimony.
Collateral Consequences
A conviction is a felony that can affect custody, employment, professional licenses, immigration status, and firearm rights, plus a license suspension and interlock — and the CPS case can reach your parental rights. An early, coordinated defense is essential.
Related Charges
- Houston DWI (overview)
- DWI First Offense
- Enhanced Penalties for DWI
- Injury to a Child, Elderly, or Disabled Person
Why HCDA
Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors who served on the Vehicular Crimes Team. If you or a loved one has been charged with DWI with a child passenger in Houston, Harris County, or Galveston, contact Houston Criminal Defense Attorneys PLLC for a free, confidential consultation. Call or text (713) 703-1718.