A DWI with child passenger offense in Austin means the State is accusing you of driving while intoxicated while a child younger than 15 was in the vehicle. Under Texas Penal Code § 49.045, this charge is generally a state jail felony, unless prior convictions or other facts increase the punishment.
Getting a DWI with a child in the vehicle can be terrifying because the case may affect more than your driver's license. A felony DWI with a child passenger can impact your record, job, family responsibilities, bond conditions, and, in some cases, custody issues.
However, an arrest is not the same as a conviction. The State still has to prove the DWI, the child passenger element, and the facts behind the stop, arrest, and testing.
Austin DWI With Child Passenger Lawyer
Being charged with DWI with a child passenger can feel overwhelming because it involves both a drunk driving allegation and the claim that a child was in the vehicle. It can make the case much more serious, even if it's a first DWI arrest.
Michael & Associates helps people in Austin and neighboring areas, such as Lakeway, West Lake Hills, and Pflugerville, understand the charge and determine which defense options may apply.
DWI cases can be stressful, especially when your family, job, license, and record may be affected. Our dedicated DWI attorneys in Travis County can review the traffic stop, arrest details, field sobriety tests, officer observations, breath or blood results, video footage, and the facts involving the child passenger.
Need help now? Call (512) 729-8647 to schedule a free case review.
What Does DWI With a Child Passenger Mean in Austin?
Under Texas Penal Code § 49.045, a person commits a DWI with child passenger offense by driving while intoxicated in a public place while a child younger than 15 was in the vehicle. Having a child passenger is what makes the charge more serious than a standard DWI.
A DWI with child passenger charge is separate from a child endangerment allegation under Texas Penal Code §22.041, although prosecutors may evaluate both depending on the facts.
To prove DWI with a child passenger, Travis County prosecutors generally have to show that:
- You were driving or otherwise operating the vehicle
- You were in a public place, such as roads, highways, store parking lots, or other places open to the public
- The vehicle had a passenger younger than 15 years old
- You lost normal mental or physical use because of alcohol, drugs, medication, or another substance, or your BAC was 0.08 or more
Under Texas Penal Code § 49.01, intoxicated can mean either of the following:
- Not having the normal use of mental or physical abilities because of alcohol, drugs, medication, or a combination of substances
- A blood or breath test showed an alcohol concentration of 0.08 or higher
The basic DWI law is found in Texas Penal Code § 49.04. That law applies when a person is accused of operating a motor vehicle in a public place while intoxicated. A DWI with a child passenger builds on that same DWI accusation, but adds the claim that a child under 15 was inside the vehicle.
Is DWI With a Child Passenger a Felony in Austin?
Yes. A DWI with a child passenger is generally charged as a state jail felony in Texas. That makes it more serious than a first or even a second DWI, because it potentially carries time in a state jail facility rather than a county jail.
Here are the possible penalties and fines for DWI with a child passenger:
- Offense level: State jail felony, but prior convictions or other facts may increase the punishment
- Jail range: 180 days to 2 years in state jail
- Criminal fine: Up to $10,000
- Added DWI traffic fine: $3,000, $4,500, or $6,000 in some final DWI convictions
If you have certain prior intoxication convictions, the punishment can be severe, including third-degree felony punishment.
Texas law may impose additional state traffic fines after certain intoxication-related convictions, including higher assessments for repeat offenses or qualifying blood alcohol concentration (BAC) results.
Texas Code of Criminal Procedure art. 42A.102 excludes DWI with a child passenger from deferred adjudication, but other outcomes may still be possible depending on the facts.
Note: While the case is pending, the court may require an ignition interlock device unless the magistrate finds that requiring it would not be in the best interest of justice. This device checks for alcohol before the vehicle starts, and any missed test or violation can create more trouble in the case.
Will Your License Get Suspended After a DWI With a Child Passenger Arrest?
Your license isn't automatically suspended after a DWI with a child passenger arrest, but DPS may seek a suspension through the Administrative License Revocation (ALR) process, depending on the circumstances of your case:
In Texas, the ALR process is usually triggered when:
- You refuse a breath or blood test after a DWI arrest (under Texas's implied consent law), or
- You take a test, and the result is at or above the legal limit (0.08% for most adult drivers).
There are also some situations where the Texas Department of Public Safety (DPS) can pursue an ALR suspension based on other evidence of intoxication, even without a completed breath or blood test.
Under the Texas Transportation Code Sections 724.035 and 524.022, the possible license suspensions are as follows:
- First test failure: 90 days
- Test failure with a prior alcohol- or drug-related enforcement contact in the past 10 years: 1 year
- First refusal to provide a breath or blood sample: 180 days
- Refusal with a prior alcohol- or drug-related enforcement contact in the past 10 years: 2 years
The license issue is separate from the criminal case, but the deadline is short. In most DWI cases, you have 15 days from receiving the suspension notice to request an ALR hearing. If you miss that deadline, the suspension can begin on the 40th day after notice.
Note: If you're convicted of a DWI with a child passenger in the vehicle, the court can order a separate license suspension of 90 days to 1 year. If the punishment is enhanced due to prior intoxication convictions, the suspension may be longer. This suspension is in addition to any suspension through the ALR process.
Can CPS or Child Custody Issues Come Up After a DWI With a Child Passenger?
Yes, Child Protective Services (CPS) or custody concerns can come up after a DWI with a child passenger arrest. Because a child is involved, CPS may look at whether the child was placed at risk, even if there was no crash or physical injury.
According to Texas Family Code Chapter 261, a person is required to report suspected child abuse or neglect if they have reasonable cause to believe a child’s physical or mental health or welfare has been adversely affected by abuse or neglect.
A DWI arrest with a child passenger may lead to a report from law enforcement, medical staff, school staff, a prosecutor, or another person involved in the situation.
CPS involvement doesn't automatically mean your child will be removed from your home. Depending on the facts, CPS may ask questions, review the child's safety, speak with family members, or look for signs of ongoing risk.
A child custody issue may also come up if there is already a custody or visitation dispute. One arrest can create several problems at once: the felony DWI case, the ALR license issue, bond conditions, CPS questions, and family court concerns.
Helpful DWI Resources
- DPS - Administrative License Revocation (ALR) Program: Overview of license suspension rules, hearing options, and timing.
- DPS - ALR Hearing Request: Online request page for contesting a pending ALR suspension.
- TexasLawHelp - Occupational Driver's License Guide: Step-by-step overview and related forms for people seeking an ODL.
- Department of Family and Protective Services - Austin: Here, you can find DFPS office locations for Region 7 (Austin).
Talk to an Austin DWI Defense Lawyer About a Child Passenger Charge
If you're dealing with a DWI with a child passenger in Austin, don't waste time.
Michael & Associates starts with the issues that cannot wait. That may include the ALR hearing, bond conditions, ignition interlock requirements, and possible occupational driver's license options if your license is suspended.
Then we review the evidence behind the arrest. That includes the stop, officer observations, field sobriety tests, breath or blood testing, video footage, police reports, and the facts involving the child passenger.
From there, we can help you understand what the State must prove, where the evidence may be weak, and what options may apply. That may include negotiations, reduced-charge discussions, dismissal arguments, or trial strategy, depending on the facts.
Our team also brings trial-tested experience to DWI defense, with a 50% outright win rate and 65% favorable outcomes in 2025 jury trials, according to internal case records. Outright wins include not guilty verdicts, dismissals after jeopardy attaches, and directed verdicts.
But past results don't guarantee future outcomes. If you were arrested in Austin or Travis County, contact us for a free case review.
