DWI with a Passenger Under 15 in Texas

Driving while intoxicated (DWI) with a passenger under the age of 15 in the vehicle is an enhanced crime in Texas. What might typically be a misdemeanor can escalate to a felony, leading to harsher penalties, including jail time and license suspension. These charges can often lead to an investigation by Child Protective Services, which can also affect your parental rights. If you’re facing charges for this DWI offense, seeking legal help is critical. The Law Office of David D. White, PLLC, is here to help if you’re charged with DWI with a passenger under 15 in the vehicle. Call us today to get the help you deserve. Keep reading to now more about what a DWI with a passenger under 15 is:

Penalties for DWI with a Passenger Under 15 in Texas

Under Texas Penal Code Section 49.045, being charged with this offense is classified as a state jail felony. This carries more severe consequences than a standard DWI.

Here are some specific sentences for this type of accusation:

• State Jail Felony: In contrast to a first-time DWI, which is typically considered a misdemeanor, having a child passenger while driving under the influence elevates the charge to a felony. This serious classification results in harsher actions, including potential jail time, larger fines, and long-term legal and social repercussions.
• Jail Time: You could face between 180 days to 2 years in a state jail facility upon conviction.
• Fines: The court may impose fines of up to $10,000.
• License Suspension: A conviction could result in your driver’s license being suspended for up to 180 days, impacting your ability to fulfill daily responsibilities.
• Community Service and Probation: The court may also impose community service, probation time, or mandatory substance abuse programs based on the case specifics, alongside additional supervision requirements.

Beyond these court-imposed sanctions, a crime conviction can create lasting problems with employment opportunities, housing, and many other areas of your life.

DWI with a Passenger Under 15 is: The Impact on Your Driving Record and License

Being convicted for this offense does more than just result in jail time and fines—it can also severely impact your driving record and license status. Under Section 49.04 of the Texas Penal Code, this act is considered a Class B misdemeanor, but when a minor is involved, the stakes are much higher.

• License Suspension: One of the immediate impacts is the suspension of your driver’s license. For a DWI with a child passenger, this can last up to 180 days, making it difficult to go to work, take care of family responsibilities, or maintain your daily routines.
• State Fine and License Reinstatement Fees: A state fine applies on final conviction under Transp. Code §709.001 — $3,000 (first conviction within 36 months), $4,500 (second or subsequent within 36 months), or $6,000 (BAC 0.15 or higher); the former DPS surcharge program was repealed in 2019. DPS also requires payment of a license reinstatement fee before a suspended license can be restored.

Additionally, this offense can lead to increased insurance premiums, and in some cases, your insurance provider may cancel your policy. The long-term effects on your driving record can continue to disrupt your life long after the case is resolved.

Defending Against Charges of DWI with a Passenger Under 15

If you’re charged with DWI while having a child passenger with you, there are several legal defenses you can explore. One common strategy is to challenge the traffic stop: If the stop wasn’t conducted legally, evidence such as breathalyzer results may be thrown out.  

How a DWI with a Passenger Under 15 Affects Child Custody and Family Law Matters

These circumstances can seriously impact child custody and family law matters. A conviction may trigger a Child Protective Services (CPS) investigation, potentially leading to:

• Temporary or Permanent Loss of Custody: Depending on the severity, CPS may initiate hearings about your parental rights.
• Supervised Visitation: Courts may require supervised visitation until you resolve issues related to the DWI accusation.

Courts take child-related offenses seriously, and if you’re already involved in custody disputes, this type of charge can complicate matters. 

Contact an Austin DWI Lawyer for a Free Consultation Today

Confronting charges of DWI involving a passenger under 15? An experienced Austin DWI Attorney can help navigate these challenges effectively and defend your parental rights. The Law Office of David D. White, PLLC is ready to assist. Call us at (512)-369-3737 for a free consultation today.