Of all the ways a first DWI can escalate, this one shocks parents most: a DWI with a passenger under 15 is a felony in Texas — even on a first offense, even with a spotless record. It also triggers a second, parallel problem most defendants never see coming: Child Protective Services.
The charge: state jail felony
| Penalty | Range |
|---|---|
| Charge level | State jail felony (Texas Penal Code § 49.045) |
| Confinement | 180 days to 2 years in a state jail facility |
| Fine | Up to $10,000 |
| License suspension | Additional 180 days |
There is no misdemeanor version and no "I was barely over" exception. If the child was under 15 and the state proves intoxication, the felony applies — and a felony conviction means losing firearm rights, barriers to employment and housing, and a permanent felony record.
The CPS case running alongside the criminal case
Police agencies in DFW routinely notify CPS after a child-passenger DWI arrest. Expect a separate investigation — home visits, interviews with the child, contact with the other parent or caregiver. For parents with existing custody orders, an arrest like this frequently surfaces in family court too. The two cases have different standards of proof; statements made in one can affect the other, which is one more reason to say nothing without counsel.
How these cases are defended
- Attack the intoxication evidence itself. The felony only exists if the state proves DWI beyond a reasonable doubt — the same stop, test, and procedure challenges apply, with much higher stakes.
- Verify the element: the child's age is an element of the offense, and it must be proved.
- Negotiate the charge, not just the sentence. Outcomes like reduction to a misdemeanor DWI or deferred-focused resolutions, where available, avoid the felony record entirely.
- Coordinate with the CPS/family side. Treatment engagement, evaluations, and documentation that help the CPS case can also support mitigation in the criminal case.
Content last reviewed: