 Written by Ben Breiner | Reviewed by Pamela Goforth, Licensed Insurance Agent | Updated Sept 3, 2026 Content reviewed for accuracy by a Texas-licensed insurance professional. |
DWI with a passenger under 15 considerably escalates the severity of legal consequences in Texas, automatically categorizing the offense as a felony regardless of prior record. This offense is punishable by 180 days to 2 years in state jail and a fine of up to $10,000, with an additional driver’s license suspension. The presence of a child passenger under 15 increases the severity of DWI charges significantly, reflecting Texas’s particular emphasis on protecting minors from the dangers of drunk driving.
DWI Penalties With a Minor
Driving while intoxicated with a child under 15 leads directly to a state jail felony, with penalties ranging from six months to two years in state jail and fines up to $10,000 — this applies even to an otherwise genuine first-time offender, since the child’s presence is what drives the enhancement, not the driver’s prior record. See our complete guide to a first-offense DWI with a child in Texas if this is your first DWI specifically.
Felony Charges and Consequences
Felony charges apply automatically when a driver operates a vehicle under the influence with a minor passenger present in Texas.
If a child under the age of 15 is in the vehicle during a DWI, the offense is automatically upgraded to a felony, even if it’s the driver’s first offense. Under Texas Penal Code § 49.045, DWI with a child passenger is a state jail felony.
The penalties include a sentence of up to two years in state jail, driver’s license suspension, and the potential for a permanent criminal record. Additionally, the Texas Department of Family and Protective Services may initiate an investigation to determine if the child’s safety and well-being are at risk, potentially leading to additional child endangerment considerations beyond the criminal case itself.
Child Endangerment Considerations
The presence of a child under 15 in a vehicle during a DWI incident significantly heightens the severity of the charges and consequences.
In Texas, DWI with a child passenger under 15 is classified as a state jail felony even for first offenses, leading to harsher penalties than a standard first-offense DWI would carry — up to a $10,000 fine and 180 days to two years in state jail. Child endangerment considerations may also apply separately, further complicating the legal situation and potential outcomes. These enhanced penalties reflect Texas’s particular emphasis on protecting minors from the dangers of drunk driving.
Impact on Custody and Services
The presence of a child under 15 in a vehicle during a DWI incident significantly raises the stakes — not only escalating criminal penalties but also potentially affecting custodial arrangements and triggering involvement from Texas’s Department of Family and Protective Services.
A DWI conviction with a minor in the car can negatively impact custody rights due to concerns about the parent’s ability to provide a safe environment. Courts consider the severity of the offense, including whether the child was genuinely endangered, and may impose supervised visitation or alter custody agreements to protect the child’s wellbeing. In some cases, the Department of Family and Protective Services may investigate and provide interventions to ensure the child’s safety, which could include removal from the home if necessary to prevent harm.
Legal Defense Strategies Available
In defending against a charge of DWI with a child passenger under 15 in Texas, several legal strategies can be employed to challenge the prosecution’s case.
One approach is challenging the initial traffic stop, arguing the officer lacked reasonable suspicion to pull the driver over — if successful, this could render evidence obtained during the stop, including intoxication levels, inadmissible in court. Defenses may also focus on questioning the reliability and accuracy of breath, blood, or field sobriety test results, raising doubts about the driver’s actual intoxication level at the time of arrest. Another strategy is establishing that the alleged child passenger was not actually under 15, or was not present in the vehicle during the incident — either could reduce the charge to a standard DWI without the state jail felony enhancement.
| Written by Ben Breiner | Reviewed by Pamela Goforth, Licensed Insurance Agent | Updated Sept 3, 2026 Content reviewed for accuracy by a Texas-licensed insurance professional. |