Where is a DWI with a child passenger case handled in Fort Worth?

Tarrant County has 11 district courts handling felony DWI cases. These courts are located at the Tim Curry Criminal Justice Center at 401 West Belknap Street.

Will CPS automatically take my child after a Fort Worth DWI arrest?

No. A DWI arrest involving a child passenger does not automatically mean DFPS will remove the child. However, suspected child abuse or neglect may trigger a report under Texas Family Code § 261.101 and lead to an investigation. Whether DFPS takes further action depends on the circumstances and the child's safety.

Can a DWI with a child passenger charge be changed to a misdemeanor?

It's possible, but it's never guaranteed. Section 49.045 is a felony DWI , so it doesn't simply become a misdemeanor unless there's a plea agreement or, in some trials, a lesser-included-offense instruction.

Can you receive probation for DWI with a child passenger in Tarrant County?

Yes, a judge may consider regular community supervision in a DWI with child passenger case. But it depends on the defendant's criminal history, the facts of the case, and the applicable sentencing rules. Consult a DWI probation lawyer in Fort Worth who can explain it to you better.

Is deferred adjudication available for DWI with a child passenger in Fort Worth?

No, deferred adjudication is not available for an offense under Texas Penal Code § 49.045.

Does the child have to be under 15 when the DWI arrest happens?

Yes, the child must be younger than 15 when the alleged offense occurs, not when the driver is arrested or charged.

Can I be charged with DWI with a child passenger if the child was not hurt?

Yes. Texas Penal Code § 49.045 does not require the child to suffer an injury. The offense applies when the State proves that you were intoxicated while operating a motor vehicle in a public place with a passenger younger than 15 in the vehicle.

Does the child passenger have to be my son or daughter?

No, the child does not have to be your son, daughter, stepchild, or relative for DWI with child passenger to apply.

Fort Worth DWI with Child Passenger Attorney

DWI With Child Passenger

If you're charged with DWI with a child passenger in Fort Worth or Tarrant County, you may have to deal with CPS and license issues on top of the criminal DWI case. Michael & Associates can help defend your case and protect your freedom, license, record, and family.

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You can be charged with DWI with child passenger in Fort Worth if you were intoxicated while operating a motor vehicle in a public place and a passenger younger than 15 was in the vehicle. Even if you have no prior DWI conviction or if the child was not injured, DWI with child passenger is a state jail felony under Texas Penal Code § 49.045.

Any DWI with a child in the vehicle is frightening. Your freedom, driver's license, and employment are already at risk. A child in the vehicle can create additional complications, including a possible investigation by Child Protective Services (CPS). Depending on the circumstances, the allegation may also affect child custody or visitation arrangements, particularly if a court determines that the child's safety was endangered.

But an arrest doesn't mean a conviction is inevitable. The State must still prove every element beyond a reasonable doubt, and a good lawyer can help you challenge the case.

DWI With Child Passenger Lawyer in Fort Worth

If convicted of DWI with child passenger, you can be punished with state jail time, a felony record, and a fine of up to $10,000. If the child may have been abused or neglected, it can also lead to a report to the Texas Department of Family and Protective Services.

DWI with child passenger cases filed in Fort Worth are generally handled in Tarrant County felony district courts. These cases involve more than just the intoxication allegation, as the prosecution must also prove that the vehicle carried a passenger younger than 15.

Understanding how the case is charged and prosecuted in Tarrant County can help shape the defense strategy. At Michael & Associates Criminal Defense Attorneys, we take DWI cases seriously.

Our Fort Worth DWI defense team includes Zach Redington, who has 20 years of experience defending DWI and a winning jury trial record. His courtroom experience can be valuable when challenging the State's evidence, the alleged intoxication, and the passenger's age.

We also have the most ACS-CHAL Lawyer-Scientists of any firm in the U.S., giving us advanced forensic training. In Fort Worth, we have attorney Janie Martin, who can examine other forensic evidence for issues that may challenge the prosecution's case.

We prepare these cases with trial in mind. According to our internal 2025 case data, 63.6% of the firm's DWI jury trials ended in an acquittal, dismissal, or directed verdict. These figures reflect the firm's reported case results and do not guarantee or predict a similar outcome in another case.

What Must Prosecutors Prove in a DWI With Child Passenger Case in Fort Worth?

In a DWI with child passenger case under Texas Penal Code § 49.045, the prosecution must establish these two elements:

The defendant was intoxicated while operating a motor vehicle in a public place
The vehicle was occupied by a passenger younger than 15

Don't take the second element (passenger requirement) lightly. Prosecutors must prove that someone younger than 15 was in the vehicle while you were operating it.

The defense may examine witness accounts, video footage, passenger identification, and other evidence to determine whether the State can prove this element beyond a reasonable doubt.

Note: The child does not have to be your son or daughter. A stepchild, relative, family friend, or any other passenger younger than 15 can satisfy this element. The child also does not have to be injured for the charge to apply. An injury may lead to additional charges, but it's not required to establish DWI with a child passenger under § 49.045.

See Related:

What Are the Penalties for DWI With a Child Passenger in Fort Worth?

Under § 49.045, DWI with a child passenger is a state jail felony, which can result in 180 days to 2 years in a state jail facility and a criminal fine of up to $10,000.

However, it can become a third-degree felony under § 49.09(b) if the State proves either:

Two prior convictions for qualifying intoxication-related offenses, or
A prior conviction for intoxication manslaughter under § 49.08 (or a similar out-of-state offense).

A separate enhancement under Texas Penal Code § 12.35(c) can also raise the punishment for a state jail felony to a third-degree felony when the State proves qualifying prior felony convictions or deadly weapon circumstances.

In a DWI with a child passenger case, the magistrate requires an ignition interlock device (IID) as a condition of release. The defendant must install it within 30 days after release, at his own expense. However, the magistrate may waive this condition if installing an IID is not in the best interest of justice.

Texas Transportation Code § 709.001 imposes an additional state traffic fine after certain final intoxication-related convictions:

$3,000 for a first qualifying conviction within a 36-month period
$4,500 for a second or subsequent qualifying conviction within the same 36-month period
$6,000 for a first or subsequent qualifying conviction if the State proves that a blood, breath, or urine analysis showed a BAC of at least 0.15

This traffic fine is separate from the criminal fine. However, the court must waive the fine if it finds that the defendant is indigent.

Is DWI With Child Passenger Always a Felony in Fort Worth?

Yes, DWI with a child passenger is a state jail felony under Texas Penal Code § 49.045, even for a first offense. The passenger's age, not a prior DWI conviction, is what makes it a felony charge.

However, the State must prove the child passenger was younger than 15 and was in the vehicle while you were operating it in a public place.

Case Example: Felony DWI with Child Passenger in Tarrant County

A client with no prior criminal history faced a state jail felony DWI with child passenger charge after police investigated a possible minor collision in a Tarrant County drive-thru. The client's young daughter was in the vehicle, and laboratory testing reported a BAC of 0.167.

Our defense team investigated the circumstances and subpoenaed the business's surveillance footage. During negotiations, prosecutors agreed to reduce the felony allegation to a Class B misdemeanor DWI with two years of deferred adjudication.

This example illustrates how investigating the evidence and negotiating with prosecutors may create opportunities to reduce the severity of a felony DWI charge. Outcomes depend on each case's circumstances.

Helpful Fort Worth DWI Resources

Tarrant County Criminal Courts: Find information about the 11 felony district courts, 10 misdemeanor courts, court locations, and criminal-court services.
District Clerk Criminal Section: Review information about felony criminal records, copies, court files, and District Clerk services.
Felony Courts and Dockets: Access individual criminal district court pages, docket links, local rules, and court contact information.

Speak With a Fort Worth DWI With Child Passenger Lawyer

A DWI with a child passenger is charged as a felony in Texas, but the State still has to prove the accusation with admissible, reliable evidence.

Michael & Associates' Fort Worth team includes Ryan Eady, a Board Certified specialist in Criminal Law and former First Assistant District Attorney and Chief Felony Prosecutor. His prosecution experience can help when evaluating how the State may build a felony DWI case involving a child passenger and what evidence it may rely on.

Contact us today to discuss your DWI with a child passenger charge, the evidence against you, and the defense issues that may affect the case.

Frequently Asked Questions