Do You Go to Jail for a DWI With a Child in the Car?

 Posted on January 22, 2025 in DWI

Being arrested for driving while intoxicated (DWI) is always a stressful experience, but having your child in the car when it happens adds a whole new level of complexity and seriousness. Texas law takes these cases very seriously, and the consequences of a conviction can be life-altering for both you and your family. If you are facing a charge for DWI with a child passenger, you need to understand what you are up against and seek the help of a Texas DWI defense attorney who has extensive experience in fighting the most serious DWI cases. 

What is DWI With a Child Passenger?

In Texas, DWI with a child passenger is a charge that can be brought when someone is arrested for driving while intoxicated and has a child under the age of 15 in the vehicle. This crime is classified as a state jail felony under Texas law, which means it carries harsher penalties than a typical DWI.

To prove any DWI charge, the prosecution must show that you were driving a motor vehicle in a public place and that you were intoxicated, meaning you either had a blood alcohol concentration (BAC) of 0.08 percent or higher, or you had lost the "normal use" of your mental or physical faculties due to alcohol or drugs.

For DWI with a child passenger, the presence of a child under 15 in the car at the time of the arrest is considered an aggravating factor, leading to more severe consequences.

Penalties for DWI With a Child in the Car

A conviction for DWI with a child passenger can lead to:

• 180 days to 2 years in state jail

• Fines of up to $10,000

• License suspension for at least 180 days

In addition to these penalties, you may also face long-term consequences, such as a permanent criminal record, difficulty finding employment, and mandatory enrollment in alcohol education programs.

Impact of a DWI on Your Child and Family

When a DWI arrest involves a child passenger, the emotional and legal effects on your family can be devastating. Witnessing a parent’s arrest can be traumatic for a child, and if no other family member is available to pick them up, police may involve Child Protective Services (CPS). 

CPS may place your child in temporary custody and investigate whether he or she was endangered. This investigation could involve interviews with family members, teachers, and healthcare providers, as well as home inspections.

If you are in the middle of a divorce or custody dispute, this charge can also affect custody arrangements. Courts prioritize the child’s best interests, and a conviction for DWI with a child passenger may lead to supervised visitation or a loss of custody.

Defending Against Charges of DWI With a Child Passenger

Defending against DWI with a child passenger requires an attorney who understands the complexity of these cases. Depending on the specific circumstances of your case, an attorney may try to argue that your BAC was not tested properly, question the legitimacy of pulling you over, prove that you did not pose a risk to your child’s safety, or plead down to a lesser charge. 

Get the Help You Need from a Collin County, TX DWI Defense Lawyer

The stakes are high in DWI with child passenger cases, and navigating the legal system can be overwhelming when it feels like so much hinges on the outcome. The Law Offices of Biederman & Burleson P.L.L.C. offers experienced representation for clients facing these serious charges. 

With a track record of successfully defending even the toughest DWI cases, our Fairview, TX criminal defense lawyers understand what it takes to fight for the best possible outcome. Call 469-333-3333 today to schedule a free consultation and learn how we can help protect your rights, your freedom, and your family’s future.