DWI With Child Passenger

If you are charged with DWI with a child passenger in San Antonio, the State claims you operated a motor vehicle in a public place while intoxicated with a passenger younger than 15. It is a state jail felony in Texas at the base level, and a conviction can mean 180 days to 2 years in state jail and a fine of up to $10,000.

Even if it's your first DWI, the child passenger allegation can make the case a felony from the start. You may also have to deal with license consequences, ignition interlock, bond conditions, possible probation terms, and possible Child Protective Services (CPS) concerns.

Dealing with a DWI with a child passenger can be overwhelming, especially if it involves your own child. A conviction can carry significant social stigma and could potentially impact child custody agreements. You'll need to thoroughly review the evidence and create a strong defense strategy to challenge the case.

San Antonio DWI With Child Passenger Attorney

Most people facing a DWI with a child passenger felony charge are not only worried about jail or a felony record. They are also concerned about whether the arrest could affect their child, work, custody, visitation rights, transportation, and their ability to stay with their family.

Since there's a lot at stake, Michael & Associates can help review your case early on. Our DWI with child passenger attorney in San Antonio can help check why your vehicle was stopped, what the officer claimed to see, whether you were actually intoxicated, whether the breath or blood testing was reliable, and how the State plans to prove the child was younger than 15.

The earlier you get a DWI defense lawyer involved, the easier it usually is to avoid missing key details. We can help you request access to the bodycam video, dashcam video, blood or breath test results, and witness statements.

Texas Penal Code § 49.045: DWI With a Child Passenger

Under Texas Penal Code § 49.045, a person commits DWI with a child passenger if the person is intoxicated while operating a motor vehicle in a public place, and there is a passenger younger than 15 years old.

The child need not be injured for the charge to apply. Also, the child does not have to be the driver's own child. While the presence of a child in the vehicle can make a DWI charge more serious, it does not automatically prove intoxication or operation.

For a conviction, prosecutors must prove all of the following elements:

• Intoxication
• Operation of a motor vehicle in a public place
• Presence of a passenger younger than 15

Texas Penal Code § 49.01 defines intoxication as:

• Having an alcohol concentration of 0.08 or more, or
• The loss of normal mental or physical capacity due to the consumption of alcohol, controlled substances, dangerous drugs, or any combination of these or other substances.

Note: The evidence must be reliable. Remember to check the police reports, videos, test records, and witness statements for mistakes or missing context.

What Is the Penalty for DWI With a Child Passenger in Texas?

DWI with a child passenger is charged as a state jail felony in Texas. But other consequences may also follow. For example, you can also face a separate driver's license issue through the Administrative License Revocation (ALR) process.

Depending on the case facts, criminal history, court, prosecutor, and judge, the following are the possible penalties for DWI with a child passenger:

After conviction, you may also have to pay a separate state traffic fine of $3,000, $4,500, or $6,000 under Texas Transportation Code § 709.001.

Note: Prior intoxication convictions can create enhancement issues under Texas Penal Code § 49.09.

What to Do After a DWI with Child Passenger Arrest in San Antonio

After the arrest, the accused may be taken to jail, brought before a magistrate, given bond conditions, and assigned court dates. Because DWI with child passenger is a felony, the case can involve prosecutor review, felony court settings, and the case may go through a grand jury before formal felony charges move forward.

The first days after the arrest are crucial. Important steps you may have to do include:

• Save all paperwork from jail, bond, DPS, and the court
• Do not miss the 15-day ALR hearing deadline
• Follow every bond condition exactly
• Avoid posting about the arrest online
• Do not discuss the facts of the case with people who may become witnesses
• Identify any witnesses or video sources
• Speak with a DWI defense lawyer before giving detailed statements about the incident

Bond conditions may include no alcohol, no illegal drugs, no new offenses, random testing, ignition interlock, and travel limits. It is important not to violate the bond conditions. Otherwise, a violation may create new problems, even before the DWI case is resolved.

In San Antonio, DWI with child passenger cases are commonly handled through the Bexar County felony court process. The magistration, felony bond conditions, prosecutor screening, indictment, and settings may take place in the Bexar County Criminal District Court.

License Suspension and ALR Hearing

Under the Texas Transportation Code Chapter 724 (implied consent law), breath or blood testing can be especially important in a DWI arrest when there is a child in the vehicle. In many DWI with child passenger cases, officers seek a breath or blood sample because intoxication evidence can become a central issue in both the criminal case and any related license-suspension proceeding.

That does not mean the test result is automatically reliable or admissible. The defense can still review the stop, arrest, specimen request, warrant process, blood draw, lab testing, and chain of custody.

If you refused or failed a breath or blood test, the Texas Department of Public Safety (DPS) may try to suspend your license through the ALR process. Note that the ALR case does not decide whether you are guilty of DWI with a child passenger. It only addresses the license suspension tied to a test refusal or failed test.

The license case is separate from the criminal case, and you may have to process it while the criminal case is still pending.

Texas DPS usually gives 15 days from the date of notice to request an ALR hearing. If the ALR deadline is missed, your hearing request will be denied, and the suspension may go into effect on the 40th day after notice.

Can CPS Get Involved After a DWI With a Child Passenger in San Antonio?

Yes. DFPS or CPS may become involved after a DWI arrest involving a child passenger. It's more likely if there was a crash, injury, prior history, or another child safety concern. If DFPS becomes involved, the criminal case and any family-related issues should be handled carefully.

In some cases, CPS concerns may overlap with custody, visitation, family-court, or co-parenting issues. Before giving detailed statements about the case, talk with your lawyer so you understand how those statements could affect the criminal case or a related family issue.

Possible Defenses in a DWI with Child Passenger Case

Even if it's a felony case, a DWI with child passenger still has to be proven. Possible defense strategies may include challenging the following:

• Legality of the traffic stop
• Whether the child was actually under 15
• Whether the child was legally a passenger at the time of operation
• Whether alcohol concentration accurately reflected intoxication at the time of driving
• The officer's reasonable suspicion or probable cause
• Whether the person was actually operating the vehicle in a public place
• Mistaking fatigue or other issues for intoxication
• Field sobriety tests
• Bodycam or dashcam video
• Legality of the blood draw
• Proper breath testing
• Witness statements

Real DWI With Child Passenger Case Outcome

Charge: DWI with Child Passenger

Allegations: The client was arrested after attempting a U-turn following a concert. When police stopped the individual, a breath test detected a low alcohol level. The client passed other field sobriety tests and believed medical issues may have influenced testing results.

Result: Case Dismissed

Note: This result is provided as an example of how evidence issues may matter in a DWI case. Past results do not guarantee or predict a similar outcome. Every case depends on its own facts, evidence, court, prosecutor, and legal issues.

Helpful DWI Resources

1. Texas DPS ALR Hearing Request Form: Request an ALR hearing after a DWI-related test refusal or failed breath or blood test.
2. Bexar County Criminal Court Records Search: Search for criminal court case records in Bexar County.
3. Bexar County Online Court Dockets: Review criminal and civil dockets posted online by the Bexar County District Clerk's Office.
4. TexasLawHelp Occupational Driver's License Guide: Learn about forms and instructions for requesting limited driving privileges.
5. Texas DFPS Report Abuse or Neglect Information: Review official DFPS information about reporting abuse, neglect, or exploitation in Texas.

Consult a DWI with Child Passenger Lawyer in San Antonio

If you are facing a DWI charge that involves a child passenger in San Antonio, it's a felony case that can affect your freedom, license, work, family, and future. Still, do not assume the case is hopeless or that it will go away on its own.

Michael & Associates helps people in San Antonio respond to serious DWI charges with a focused defense plan. The right defense starts with the evidence: the stop, the arrest, the video, the field sobriety tests, the breath or blood testing, the child passenger claim, and the way the case is being handled in Bexar County.

Our DWI defense team includes San Antonio office leader RC Pate, who has earned the ACS-CHAL Forensic Lawyer-Scientist Designation and completed advanced forensic science training focused on alcohol testing, toxicology, and impaired driving evidence. The sooner you get legal advice, the sooner you can make informed decisions about your criminal case, license, and family-related concerns.

Call us today to schedule a free case review.