DWI with a Child Passenger

By Jeff Kennedy

The state of Texas treats driving while intoxicated (DWI) arrests and convictions seriously. Even first-time DWI offenders can face some serious consequences and legal penalties, including jail time, fines, and a suspended license. 

There are some additional complicating factors that can make a DWI charge even more severe. One of these is getting charged with a DWI with a child passenger. 

If you’ve been charged with DWI with a child passenger, you need the help of an experienced DWI defense attorney in order to beat the charge and avoid the enhanced penalties that come with it. 

DWI with Child Passengers in Texas Law

Anytime you drive a motor vehicle, you also owe a duty of care to any passengers who are traveling with you. 

This also applies to child passengers, including those with any relation to you, such as your children or a niece or nephew. 

Texas law prohibits you getting behind the wheel while intoxicated. This means if you get pulled over with a BAC (blood alcohol content) above .08, you would be considered legally intoxicated and, by extension, subject to a DWI arrest in Texas

Just as the name suggests, people who get arrested for a DWI while transporting a child in their vehicle with them could be charged with the elevated charge of DWI with a child passenger. 

The consequences for this crime are quite serious, and can include:

  • A state jail felony sentence between 180 and 720 days 
  • A drivers license suspension of up to 180 days
  • Fines up to $10,000
  • Obligatory driving intervention course
  • Installation of an ignition interlock device 

In addition, you could face additional penalties, such as scrutiny from Child Protective Services that could even lead to your losing custody of your children. 

Obviously, these are drastic measures that you will want to avoid if possible. If you’ve been arrested or charged, consult an experienced attorney as soon as possible. 

Contact a DWI Lawyer Right Away

Arrested for DWI with a child passenger? An attorney from The Law Offices of Jeff C. Kennedy wants to help you do what’s possible to dismiss all DWI charges

Call 817-605-1010 or fill out the form below to learn more. 


Jeff C. Kennedy was the light of hope at the end of very dark storm. He was not only able to defend my case swiftly, but had the alleged charges dismissed completely. His calm and empathetic demeanor offered emotional succor to myself and those I care about most. My children and I are eternally grateful for his excellent service and I hereby recommend Jeff C. Kennedy without reservation.


Jeff Kennedy truly cares. He and his staff kept me informed all the way throughout my case and provided me with all my options and the potential outcomes for my case. When the day finally arrived to resolve my case, Jeff was able to negotiate a reduction to a lesser charge. He was well prepared and coordinated everything perfectly. Jeff is not only a good lawyer, but a good man.


I hired Mr. Jeff Kennedy to handle a DWI charge. From day one, I knew I had picked the right attorney. Jeff always took the time to answer any of my questions, treated me very professionally, and truly cared about my case. I have never been in any kind of trouble before and I was very nervous about the thought of going to trial. Jeff thoroughly explained the entire process to me and made me feel at ease. Jeff took my case to trial and the jury found me NOT GUILTY!


Jeff Kennedy is a professional, intelligent, easy-to-talk-to lawyer with an excellent understanding of how the system works. Jeff was able to get my twice the legal limit BAC thrown out and he kept me from having an interlock device put on my car. This has been my only big mistake in life so far (hopefully the last) and I am glad he was there to walk me through it. You will not regret hiring him.

9133 Belshire Dr
North Richland Hills,
Texas 76182
301 W Vickery Blvd Suite #101
Fort Worth, Texas 76104
303 W Abram St
Texas 76010
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