A DWI with a child passenger is not a standard DWI. Texas Penal Code §49.045 makes this a state jail felony from the outset, even on a first offense. From the moment of arrest, two clocks begin running simultaneously: the criminal case and the fight to protect your license. You have only 15 days to request an ALR hearing. Miss that deadline and your driving privileges are suspended automatically, regardless of what happens in court.
David Smith is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Brazoria County prosecutor. He knows how the state charges DWI with child passenger cases, how prosecutors weigh felony enhancements, and where the evidence is most open to challenge. These charges also carry the risk of CPS involvement alongside the criminal case. That knowledge now works entirely in your defense. Call our law firm today for a free consultation.
A DWI with child passenger charge carries felony-level consequences that demand more than general criminal defense knowledge. It requires someone who understands BAC science, felony enhancement law, and the CPS process that often runs alongside the criminal case. Board Certification in Criminal Law by the Texas Board of Legal Specialization is an independently verified standard of expertise, not something an attorney awards themselves.
A DWI with child passenger charge puts your freedom, your record, and your parental rights at risk. We know exactly where the state’s case is weakest and how to challenge it, including by:
As part of a DWI sentence or plea agreement in Texas, courts frequently order the installation of an Ignition Interlock Device (IID) , a breath-testing instrument connected to your vehicle’s ignition that requires a clean breath sample before the engine will start. For clients in the Greater Houston area, David Smith Law Firm has arranged access to SmartStart IID services, including a free first month for qualifying clients.
Choosing a reliable IID provider matters. Non-compliance with IID requirements including missed calibration appointments or tampered devices can result in additional criminal penalties or probation violations. SmartStart provides 24/7 support and is available across Houston and Harris County.
