It can start out so innocently. Maybe you’re at a family barbecue or holiday celebration and have a couple of drinks before taking the family home. Or maybe you have a work lunch and enjoy a cocktail or two before picking up your kid from school. But then you get pulled over.
Every Texas DWI case is serious. But if you are charged with driving under the influence while a child is in the vehicle, the stakes are even higher.
Many people are surprised to learn that Texas law treats DWI offenses involving child passengers differently than other DWI charges. Understanding who qualifies as a “child passenger” under Texas law is a critical first step in understanding the charge you may be facing.
The Legal Definition of a Child Passenger in Texas
Under Texas law, a child passenger is defined as a person younger than 15 years of age.
Let’s say a driver is alleged to have been intoxicated while operating a motor vehicle with a child under 15 in the car. The offense may be charged as Driving While Intoxicated with a Child Passenger—a separate and distinct criminal offense from a standard DWI.
Importantly, the law does not require that the child be harmed, injured or even aware of the driver’s intoxication. The mere presence of a child under 15 in the vehicle at the time of the alleged offense is enough to trigger the enhanced charge.
How This Charge Differs From a Standard DWI
Many first‑time DWI incidents in Texas are charged as misdemeanors. A person found guilty may be eligible for certain diversion programs or probation options that can lessen the impact of a conviction. However, DWI with a child passenger is automatically charged as a felony, regardless of the driver’s previous criminal history.
This means that even someone with no prior arrests faces life-altering consequences if a child passenger is involved. A felony conviction can carry long‑term consequences beyond jail or probation, including damage to employment prospects, professional licenses and parental rights.
Does the Child Have to Be the Driver’s Child?
No. Texas law does not require the child passenger to be related to the driver. The child could be a relative, a friend’s child or any other minor under the age of 15 who was in the vehicle at the time of the alleged offense.
Additionally, the child’s seating position in the vehicle does not matter. Whether the child was in the front seat, back seat or third row is legally irrelevant to whether the charge applies.
The Importance of a Strong Defense
If you are accused of any crime, you need to recognize the value of a strong defense. Even misdemeanor drinking and driving charges call for an experienced Texas defense lawyer. Felony cases, however, make it that much more important to protect your rights.
Contact Our Texas DWI Defense Team Today
Prosecutors pursue felony cases aggressively. But in every case, the State must prove every element of the charge beyond a reasonable doubt. An experienced attorney can sort through all the facts, evidence and elements of the case to find the best strategy to protect you.
At Lee & Wood, GP, we have handled countless DWI cases in Texas courts. We can defend your rights in and out of the courtroom. Call us today at 817-678-6771 or contact us to schedule a consultation.
