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DWI with Child your dwi defense powerhouse

DWI with A child

In Texas, driving while intoxicated (DWI) with a child passenger under 15 years old is a serious offense classified as a state jail felony under Texas Penal Code §49.045. This charge applies when a person operates a motor vehicle in a public place while intoxicated and has a passenger younger than 15 in the vehicle.

First Offense Specifics

Unlike a standard DWI, which is typically a misdemeanor for first or second offenses, a DWI with child passenger is always a felony, even for first-time offenders, due to the heightened risk to the child’s safety.

A conviction for DWI with child passenger carries severe consequences, including: 

  • Jail Time: 180 days to 2 years in a state jail facility.
  • Fines: Up to $10,000.
  • Driver’s License Suspension: 180 days to 2 years.
  • Additional Fees: DPS fine of $3,000- $6,000
  • Ignition Interlock Device: May be required for license reinstatement.
  • Child Endangerment Charges: Possible additional felony charges under Texas Penal Code § 22.041 if the child was at risk of injury, potentially leading to further penalties.
  • Child Protective Services (CPS) Involvement: If the child is yours, CPS may investigate for neglect or abuse, potentially affecting custody or visitation rights.

A conviction may also impact your employment, housing, and parental rights, as it results in a permanent felony record, affecting voting rights, firearm ownership, and professional licenses.

Age-Specific Details

  • To Charge a person for DWI with Child Passenger they must allege a passenger is younger than 15 years of age.  Passengers 15 years or older cannot be used to enhance a Standard DWI to a State Jail Felony DWI with Child Passenger.
    Ultimately, all charges were dropped and I was able to get on with my life.
    “Gary Trichter is hands down the best attorney you will find. If you ever need representation this is the man to hire. He worked hard on the details of my case and was always available to talk.”
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    Mr. Trichter seems to feel comfortable thinking outside the box and it pays off!
    “Gary Trichter came recommended by a friend. I was told he was good but he's honestly fantastic! His staff, Cassie and Tracey are equally as awesome and so sweet! Gary is a very knowledgeable, caring, and creative lawyer. Call his office many times to talk about my case and I always feel like I get 100% attention. I highly recommend!”
    - Jenny S.
    Gary exceeded my expectations, and was able to get my charges completely DISMISSED!
    “I absolutely recommend, respect, and appreciate Gary and his team.They made the legal process easy, and were extremely helpful throughout the entire DWI ordeal. Gary specializes in Texas DWI cases and has a history of success. More importantly, in my opinion, is his fortitude, persistence, and unapologetic approach to these complacent DAs and Judges that seemed so eager to destroy my livelihood. Call Gary Trichter!! He will shoot you straight, and you will not regret hiring him and his team.”
    - Kyle O.
    Gary is one of only 4 DWI specialist in the state and his reputation is unsurpassed.
    “Gary and his staff are absolutely the best attorneys you can get. They deeply care for their clients well being and will fight for the best outcome possible. Gary's knowledge of the law and his calm demeanor has put my mind at ease when I had a medical situation that was very scary and misunderstood by an officer. He told me" I will walk you through this" and he did just that! scince then he has became a trusted friend.”
    - Kevin J.
    I can not express the amount of gratitude I have for Mr. Trichter.
    “I was referred to Mr. Trichter by a close family friend. Two of his family member had used him to represent them in their DWI case and were both very pleased with his work. After having Mr. Trichter represent me I can fully understand why. He is an amazing attorney and the best at his job by far. But more then that he is an amazing person that truly care about his client. I will forever be great full for what he has done for me in helping me have my case dismissed. Thank you again Gary!!!”
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    Mr. Trichter ensured that I was informed at every step, which greatly reduced my anxiety and allowed me to make informed decisions.
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    - Seth L.
    Gary Trichter's professionalism, attention to detail, and dedication to my case were exceptional.
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    I highly recommend Gary Trichter to represent you or your loved one.
    “With all the charges against me, which were felonies I was in serious need of a wise exceptional attorney and Gary is just that. He got resisting arrest, illegal carry of a gun and an outstanding warrant for a car accident. All charges were dismissed.”
    - Erica S.

Legal Process & Timeline

  • If you’ve been charged with DWI with a child passenger in Texas, time is critical. You have only 15 days from receiving a license suspension notice to request an Administrative License Revocation (ALR) hearing to contest the suspension. Acting quickly can make a significant difference in your case outcome.

Child Custody Implications

  • Beyond criminal penalties, a DWI with a child passenger can trigger Child Protective Services (CPS) involvement. Texas Family Code mandates reporting suspected child neglect, and prosecutors often notify CPS when a child is in the vehicle during a DWI arrest. This may lead to:
    • Temporary removal of your child to CPS custody if no family member is available at the time of arrest.
    • Investigations into your fitness as a parent, potentially affecting custody or visitation agreements, especially in divorce or shared custody cases.
    • A separate CPS case requiring a family law attorney to navigate alongside your criminal defense

Original Board-Certified DWI Specialist Gary Trichter Earned the Distinction of Being The 1st Board-Certified DWI Specialist in Texas

At the forefront of the industry stands our visionary founder, Gary Trichter. He earned the distinction of being the very first Board-Certified DWI Specialist in Texas. This certification is only given by the National College of DUI Defense (NCDD) which is recognized by the American Bar Association. 

Gary has spoken at hundreds of seminars on DWI and has taught lawyers, judges, and prosecutors about DWI law. Gary co-authored the textbook Texas Drunk Driving Law and is leading the way with unparalleled expertise in the field.

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Related Charges

  • Child endangerment charges that may accompany DWI
  • Reckless driving alternatives
  • How multiple charges interact

Contact us today for a free, confidential consultation. Our skilled DWI attorneys will review your case, explore all possible defenses, and fight to protect your rights and family.

  • 1st Board-Certified DWI Specialist in Texas
    Our Founder Gary Trichter was the 1st Board-Certified DWI Specialist In The State of Texas to earn the designation of “DWI Specialist”.
  • On The Forefront Of Change
    We don't just push the envelope—we redefine its boundaries. We stand on the other side, shaping trends and crafting bold, effective defense strategies.
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    We combine professional, aggressive criminal defense with caring, understanding legal counsel.

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