Felony DWI with Child Passenger | South Texas Defense Attorney

What Are Felony DWI with Child Charges in Texas?

Many people charged with DWI with Child under 15 are shocked to learn they face felony charges. Under Texas Penal Code Section 49.045, no crash is required. No injury is required. No prior arrest is required. What may seem like a relatively innocuous—but very embarrassing—situation is actually a major life event that demands immediate attention.

DWI with a child passenger is classified as a state jail felony under Texas law. This charge applies when you operate a motor vehicle while intoxicated with any passenger younger than 15 years of age. The statute does not require evidence of impaired driving, an accident, or any harm to the child—simply having a minor in the vehicle while intoxicated triggers felony-level prosecution.

Child Endangerment and CPS Involvement. Some South Texas counties make the situation more severe by adding child endangerment charges, which are also felonies. The Texas Department of Family and Protective Services (DFPS) may initiate an investigation. Family matters including child custody and visitation can be significantly impacted, adding layers of complexity beyond the criminal charges themselves.

Protecting Your Texas Driver's License: The 15-Day Deadline

Staying calm under these circumstances is important, but so is acting quickly. You have only 15 days from the date of arrest to request an Administrative License Revocation (ALR) hearing through the Texas Department of Public Safety to dispute your driver's license suspension.

Missing that deadline means losing your license automatically on the 40th day after your arrest. Perhaps equally important, the ALR hearing provides the first opportunity to question your accuser under oath. The arresting officer may be required to testify, and that testimony can prove valuable when building your defense in the criminal case.

The 15-day ALR deadline is critical. You must request an Administrative License Revocation hearing within 15 days to protect your driving privileges while your case is pending.

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What Are the Penalties for Felony DWI with Child in Texas?

State Jail Incarceration and Fines

If convicted of DWI with Child, a sentence of 180 days to 2 years may be imposed, along with fines up to $10,000. According to the Texas Comptroller's Office, incarceration would be served in a state jail facility operated by the Texas Department of Criminal Justice (TDCJ) for nonviolent offenders. Unlike regular prison sentences, state jail time is typically served day-for-day without early release for good behavior.

Felony Probation Conditions

Probation up to 5 years is possible for a DWI with Child conviction. Felony DWI probation conditions are strict, and Texas judges respond quickly to violations—especially those involving alcohol consumption. Court-ordered alcohol treatment programs could require residential treatment lasting many months, significantly impacting your freedom, employment, and family life.

How to Choose the Right DWI Defense Attorney in South Texas

One of the most important things you can do now is find the right lawyer. How can you tell whether an attorney is truly qualified to handle your case? You will live with the outcome, no matter who you choose.

DWI with Child charges demand particular and clear understanding of issues specific to DWI defense. Few lawyers dedicate themselves to mastering such knowledge. When evaluating attorneys, consider these critical questions:

Critical Questions When Evaluating DWI Attorneys

Who focuses primarily on DWI defense versus treating it as just another criminal case?
Who has specialized training in field sobriety testing?
Who understands the science behind blood and breath testing?
Who has decades of active involvement in DWI lawyer organizations?
Who regularly handles the license suspension cases tied to almost every DWI arrest?
Who has earned the publicly acknowledged respect of other attorneys in this field?
Whose satisfied clients provide detailed, positive reviews online?

Attorney Phillip W. Goff: Experienced DWI Defense for South Texas

Attorney Phillip W. Goff invites you to contact him during your search. He is especially qualified to help you through this difficult time.

Throughout his 30+ years of defending people against DWI charges, he has been deeply involved in professional organizations dedicated to DWI defense. His credentials include:

Standardized Field Sobriety Testing Instructor: Certified at instructor level for NHTSA Standardized Field Sobriety Testing—the same training law enforcement officers receive.
Lawyer-Scientist Certification: Earned the prestigious Lawyer-Scientist designation from the American Chemical Society.
Advanced DWI Training: Graduate of the National College for DUI Defense's Serious Science, Blood Alcohol Analysis and Advocacy curriculum, as well as their Advanced Breath Testing Course.
Peer Recognition: Rated preeminent in his field by fellow lawyers on Martindale-Hubbell, with hundreds of satisfied clients publicly praising his work online.

Few DWI defense attorneys nationwide have achieved even one of these accomplishments. Mr. Goff has earned them all.

Take Action to Protect Your Future Today

Compare multiple attorneys who practice in the South Texas county where you were arrested. Find out who is truly capable of providing you the best defense. You deserve skilled representation during this critical time.

Contact Attorney Phillip W. Goff today to discuss your case.