What is the Penalty for DWI with a Child in the Car?

Texas Drunk Driving and Child Endangerment

Texas law states that an intoxicated driver on a public road with a child under the age of 15 in the same vehicle can be charged with a DWI with Child Passenger — a felony. Learn the penalties of this charge and how our team of attorneys can help.

DWI Vs. DWI With Child Passenger Penalties

Drunk driving charges are different than charges for driving drunk with a child in the car. Driving while intoxicated (DWI) charges are Class B misdemeanors in Texas, while driving drunk with a child passenger is considered a felony.

This means that if you’re charged with a DWI while there’s a child in the car, you may face a minimum jail sentence of 180 days and up to $10,000 in fines. Additional penalties may include:

  • Additional fines.
  • Probation and/or DWI school.
  • Community service time of up to 1,000 hours.
  • Installation of an ignition interlock device on your vehicle.
  • Completion of an alcohol/drug education course or rehabilitation program.

Collateral Consequences and Your Family Law Case

Drinking and driving with one or more children in your car creates conditions that could lead to a deadly tragedy. This means that a DWI doesn’t just affect your driving record — it can also affect your divorce and child custody cases as well. Therefore, some collateral consequences come with being convicted of a DWI with a child passenger.

Collateral consequences are those associated with having a criminal record, such as issues with CPS if you have children or the loss of other individual constitutional rights. These consequences could also mean overcoming the stigma of your conviction — affecting your livelihood; your ability to get a job or to secure housing.

Fighting Your Angelton DWI Charge

At Jeff Gilbert Law Office, our team can help you deal with the civil and criminal portions of your case and help you ensure your charge doesn’t harm your family law case. To schedule a consultation with a license suspension lawyer, please contact our law office today at (979) 200-6556.