A child under 15 in the car converts a first-ever DWI into a felony — and usually opens a CPS file the same night. Two proceedings, one set of facts, zero room for uncoordinated statements.
Charge: Driving While Intoxicated with a Child Passenger — Penal Code § 49.045
Level: State jail felony
Range: 180 days – 2 years state jail, fine to $10,000
Court: District court in the county of arrest
How these cases play out in Central Texas courts
The criminal defense runs the standard DWI playbook at felony grade — stop legality, test science, warrant and lab review — while the family-protection track runs parallel: CPS interviews, safety plans, and sometimes an added endangerment count. The interaction is where cases are lost: statements made to caseworkers surface in criminal court, and criminal pleas echo into custody matters. Handled together, these cases regularly resolve without felony convictions — deferred adjudication, reductions — and with families intact. Handled separately, each proceeding damages the other.
Questions we hear about this charge
Will CPS take my kids over this?
A DWI-with-child arrest triggers review, not removal — but the process is real and your statements in it matter. Coordinate every CPS interaction with defense counsel.
Is this felony even for a stone-cold first offense?
Yes — § 49.045 has no first-offense grace. State jail felony regardless of history, which is exactly why it’s defended at full intensity.
Can it be reduced back to a misdemeanor DWI?
Negotiated reductions and deferred outcomes are realistic in defensible cases — the child-passenger element itself (age proof, presence) is also occasionally contestable.
Facing a DWI W/CHILD UNDER 15 charge?
The first weeks decide what’s possible — evidence preservation, bond terms, and early litigation posture. Criminal defense in Travis, Hays, Williamson, Bexar, and Bastrop counties is provided by Stephen T. Bowling, DWI & Criminal Defense Attorneys — former police officers who know how these cases are built. Free consultation, 24/7, flat-fee quote included.
General Texas legal information, not legal advice for your specific case. Enhancements, priors, and case facts change punishment exposure. Last reviewed July 2026.