DWI With Child in Corpus Christi: Defending Against a Felony Charge That Can Change Your Life

A DWI is serious. But when a child is in the vehicle, the charge becomes a felony. In Texas, driving while intoxicated with a child passenger under 15 years of age is a state jail felony—punishable by 180 days to 2 years in state jail, a fine of up to $10,000, and a driver’s license suspension of up to 180 days. In Corpus Christi and throughout the Coastal Bend, these cases are prosecuted aggressively. A trip to the grocery store on South Padre Island Drive, a ride home from school on Staples Street, or an errand on the Crosstown Expressway can become a felony charge that threatens your freedom, your family, and your future. When your freedom is on the line, you need a defense attorney who understands the gravity of a DWI with child charge and will fight to protect your rights.

At Barton & Associates, Attorneys at Law, we defend individuals throughout Corpus Christi and the Coastal Belt who are charged with DWI with a child passenger. Whether you were stopped on SPID, pulled over on Ocean Drive, or involved in an accident on Interstate 37, we provide the aggressive, knowledgeable representation you need to protect your rights and your future. With extensive experience in the Nueces County criminal courts, we guide our clients through every stage of the defense process.

Understanding DWI With Child in Texas

Under Texas law, a DWI with a child passenger is a state jail felony. The offense is defined under Section 49.045 of the Texas Penal Code.

Elements of the Offense

The state must prove:

• You operated a motor vehicle in a public place

• You were intoxicated (BAC of 0.08 or above, or loss of normal faculties)

• A child under 15 years of age was in the vehicle

Penalties for DWI With Child

DWI with a child passenger is a state jail felony, punishable by:

• 180 days to 2 years in state jail

• Fine up to $10,000

• Driver’s license suspension (up to 180 days)

• Annual surcharge of $1,000 for 3 years

• Mandatory DWI education program

• Possible ignition interlock device

Enhanced Penalties

If you have a prior DWI conviction, a DWI with child can be enhanced to a third-degree felony (2 to 10 years in prison). If you have two prior DWI convictions, it can be enhanced to a second-degree felony (2 to 20 years).

How DWI With Child Charges Arise in Corpus Christi

DWI with child charges in Corpus Christi typically arise from:

Routine Traffic Stops

A routine traffic stop on South Padre Island Drive, Staples Street, or the Crosstown Expressway leads to a DWI investigation. The officer discovers a child in the vehicle. The charge becomes a felony.

School-Related Stops

Driving near schools—Miller High School, Carroll High School, King High School, or elementary schools throughout Corpus Christi—with a child in the vehicle can result in enhanced scrutiny.

Checkpoints

DWI checkpoints throughout Corpus Christi can result in DWI with child charges if a child is in the vehicle.

Accidents

If you are involved in an accident and a child is in the vehicle, police will investigate. Discovery of intoxication can result in felony charges.

The Consequences of a DWI With Child Conviction

A conviction for DWI with child carries consequences that extend far beyond the criminal sentence:

Criminal Penalties

• State jail time: 180 days to 2 years (or more if enhanced)

• Fine: Up to $10,000

• Probation: May be available, but conditions are strict

Driver’s License

• Suspension for up to 180 days

• Annual surcharge of $1,000 for 3 years

• Ignition interlock may be required

Felony Record

A state jail felony remains on your record permanently. It affects:

• Employment opportunities

• Professional licensing

• Housing applications

• Firearm rights

• Voting rights (during incarceration and while on parole)

Child Custody Implications

A DWI with child conviction can affect child custody and visitation rights. Family courts view endangering a child through intoxicated driving very seriously.

Child Protective Services (CPS) Involvement

A DWI with child arrest often triggers an investigation by Child Protective Services. CPS may become involved and could seek to intervene regarding your child.

Immigration Consequences

For non-citizens, a DWI with child conviction can result in deportation and permanent inadmissibility.

Defending Against DWI With Child

A strong defense can mean the difference between a felony conviction and an acquittal. Common defense strategies include:

Challenging the Traffic Stop

The officer must have reasonable suspicion to stop your vehicle. If the stop was illegal, all evidence from the stop may be suppressed.

Challenging Field Sobriety Tests

Field sobriety tests are not always reliable. Your attorney may challenge:

• Whether the tests were administered properly

• Whether the officer was properly trained

• Whether physical or medical conditions affected your performance

Challenging the Breathalyzer

Your attorney may challenge:

• Whether the Intoxilyzer 9000 was properly calibrated

• Whether the operator was certified

• Whether there were interfering factors (mouth alcohol, medical conditions)

Challenging the Blood Test

Your attorney may challenge:

• Whether the blood was properly drawn

• Whether the chain of custody was maintained

• Whether the sample was properly stored

• Whether the test results are accurate

Challenging Knowledge of the Child

The state does not need to prove you knew the child was in the vehicle. The presence of a child is enough to establish the offense.

Rising Blood Alcohol Defense

Alcohol takes time to absorb into the bloodstream. If you were drinking shortly before driving, your BAC may have been below 0.08 at the time of driving but rose above 0.08 by the time of the test.

Medical Conditions

Certain medical conditions can mimic signs of intoxication or affect test results, including:

• Diabetes

• Neurological disorders

• GERD

• Inner ear problems

Child Protective Services (CPS) Involvement

When a DWI with child arrest occurs, law enforcement typically notifies Child Protective Services. CPS may:

Conduct an Investigation

CPS will investigate the circumstances surrounding the arrest and assess the safety of the child.

Request a Safety Plan

CPS may require a safety plan that restricts your contact with the child pending the outcome of the criminal case.

File a Court Action

In serious cases, CPS may file a petition with the court seeking temporary custody or restrictions on visitation.

Coordination with Criminal Defense

Your criminal defense attorney should work closely with any attorney representing you in the CPS case to ensure that statements or admissions in one case do not harm the other.

Child Custody Implications

A DWI with child conviction can affect child custody and visitation:

Family Court Considerations

Family courts consider a parent’s fitness when making custody and visitation determinations. A DWI with child conviction can be used to argue that a parent is unfit.

Supervised Visitation

The court may order supervised visitation until the parent demonstrates rehabilitation.

Modification of Custody

The other parent may seek to modify custody based on the DWI with child arrest.

Your Criminal Defense Attorney

Your criminal defense attorney can work with your family law attorney to minimize the impact on your custody rights.

Frequently Asked Questions About DWI With Child

Is DWI with a child a felony in Texas?

Yes. DWI with a child passenger under 15 is a state jail felony, punishable by 180 days to 2 years in state jail.

What is the penalty for DWI with a child in Texas?

A first DWI with a child is a state jail felony, punishable by 180 days to 2 years in state jail and a fine of up to $10,000.

Can I get probation for DWI with a child?

Probation (community supervision) may be available for a first DWI with child, but conditions are strict. You may be required to serve some jail time as a condition of probation.

Will I lose my license for DWI with a child?

Yes. Your license may be suspended for up to 180 days. You also face annual surcharges of $1,000 for 3 years.

Will CPS get involved if I am arrested for DWI with a child?

Yes. Law enforcement typically notifies Child Protective Services when a child is involved in a DWI arrest. CPS may investigate and take action to ensure the child’s safety.

Can I lose custody of my child for DWI with a child?

A DWI with child conviction can affect child custody and visitation. The family court may view the incident as evidence of unfitness.

What is the ALR hearing deadline?

You have only 15 days from the date of arrest to request an Administrative License Revocation (ALR) hearing. Failure to request the hearing results in automatic license suspension.

Can I get an occupational license after a DWI with child?

Yes. If your license is suspended, you may be eligible for an occupational license to drive for essential purposes such as work, school, and medical appointments.

How long does a DWI with child stay on your record?

A DWI with child conviction stays on your record permanently. It is a felony conviction.

Do I need an attorney for a DWI with child?

Yes. DWI with child is a felony that can result in state jail time, loss of custody, and lifelong consequences. An experienced criminal defense attorney can help you understand your rights, challenge the evidence, and protect your future.

Why Barton & Associates Is the Right Choice for Your Defense

A DWI with child charge is a felony that can result in state jail time, loss of custody, and lifelong consequences for your family. At Barton & Associates, Attorneys at Law, we have extensive experience defending individuals against DWI with child charges in the Nueces County criminal courts.

Our attorneys understand the nuances of DWI defense, the intersection with Child Protective Services, and the impact on child custody. We work closely with our clients to investigate the facts, gather evidence, and develop a defense strategy tailored to the unique circumstances of each case.

We also understand that a DWI with child charge is devastating for the entire family. Our attorneys approach these cases with compassion and dedication, helping our clients navigate the legal system while protecting their rights, their freedom, and their family.

Protect Your Freedom and Your Family Today

If you are charged with DWI with a child in Corpus Christi, your freedom and your family are on the line. A conviction can result in state jail time, loss of custody, and lifelong consequences. Do not wait. The decisions you make now will determine the outcome of your case.

Contact the experienced criminal defense attorneys at Barton & Associates today. Call us directly at 361-800-6780 to speak with a member of our team. You may also complete the Free Consultation form on our website, and we will reach out to you promptly. Please note that all on-site consultations at our Corpus Christi office are by appointment only, ensuring that we can give your case the focused attention it requires.

Reach out today—let us help you defend against DWI with child charges and protect your family.

Main Category: Criminal Defense Corpus Christi
Practice Area Category: DWI & Intoxication
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780