DWI W/CHILD UNDER 15 on Texas arrest paperwork, a bond sheet, or a court docket means: Driving While Intoxicated with a Child Passenger, charged under Texas Penal Code § 49.045.
Charge level: State jail felony
Punishment range: 180 days to 2 years in a state jail facility and a fine of up to $10,000
What this charge really means
Any DWI with a passenger under 15 is a felony — first offense or not — and it usually arrives with a parallel CPS inquiry and sometimes an endangerment allegation. The DWI defenses don’t change (stop, tests, BAC science), but the collateral handling does: statements made to CPS can surface in the criminal case, so both tracks need coordinated counsel from day one.
Common questions
Is DWI with a child a felony even on a first offense?
Yes — a passenger under 15 makes it a state jail felony regardless of history: 180 days to 2 years and up to $10,000.
Will CPS get involved?
Frequently, yes. Treat the CPS process with the same care as the criminal case — coordinated strategy protects both your case and your custody.
Are the defenses different from a regular DWI?
The core defenses are the same — the stop, the tests, the science. What changes is the stakes and the parallel proceedings, which require careful coordination.
Charged with DWI W/CHILD UNDER 15? Move fast.
Charges like this are shaped in the first weeks — evidence gets preserved or lost, and early counsel changes outcomes. Our attorneys are former police officers who know how these cases are built. Get a free consultation — we’ll review the facts, explain your realistic options, and quote a flat fee. Available 24/7.
This page is general legal information for Texas, not legal advice about your specific case. Penalty ranges can change with enhancements, priors, and case-specific facts. Last reviewed July 2026.
