DWI with a Child in Smith County, TX – What You Need to Know
Being arrested for driving while intoxicated (DWI) is already a serious charge in Texas, but the consequences become far more severe when a child is in the vehicle.
In Smith County, prosecutors treat DWI with a child passenger as a high-priority case—and the law classifies it as a felony offense, even if it’s your first DWI arrest.
If you or someone you care about is facing this charge, it’s critical to understand what’s at stake and what legal options are available.
What Is “DWI with a Child Passenger” Under Texas Law?
According to Texas Penal Code § 49.045, a person commits an offense if:
“the person is intoxicated while operating a motor vehicle in a public place, and the vehicle being operated is occupied by a passenger who is younger than 15 years of age.”
This charge automatically upgrades a standard DWI (usually a misdemeanor) to a state jail felony, even for first-time offenders.
Penalties for DWI with a Child in Texas
If convicted of this offense in Smith County, you may face:
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State Jail Felony Conviction
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180 days to 2 years in a Texas State Jail Facility
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Up to $10,000 in fines
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Automatic driver’s license suspension
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Installation of an ignition interlock device
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Mandatory alcohol education or treatment
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Child Protective Services (CPS) investigation
Having a child in the car may also result in additional charges, especially if the child is injured or the driver was involved in an accident.
Arrested in Smith County? What to Expect
If you’re arrested in Tyler, Bullard, Lindale, Whitehouse, or anywhere else in Smith County, you will likely:
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Be taken to the Smith County Jail
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Go before a magistrate for bond conditions
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Receive a CPS referral if applicable
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Be assigned to one of the district courts for felony prosecution
You will need to appear for multiple court dates, and prosecutors will likely push for jail time and felony conviction unless your attorney negotiates otherwise.
Common Defenses to DWI with a Child
Each case is different, but a skilled defense lawyer may challenge:
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Lack of probable cause for the traffic stop
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Unreliable breath or blood test results
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Faulty field sobriety tests
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Questions about who was driving
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Lack of intent or knowledge of the child’s presence
In some cases, it’s possible to reduce the charge or seek alternative sentencing that avoids jail time.
Why You Need a Criminal Defense Lawyer in Tyler, TX
Felony charges have lifelong consequences—including losing your gun rights, job opportunities, and child custody rights. Don’t try to fight this alone.
Attorney Cheryl A. Wulf has over 20 years of experience defending clients in Smith County courts. She understands how to fight DWI charges aggressively and can work to minimize the damage to your record and your future.
Learn more about Cheryl’s DWI Defense practice
See how DWI charges can affect Child Custody
Cheryl A. Wulf, Attorney at Law
Office: 11702 State Hwy 64 E, Tyler, TX 75707
Call: (903) 525-9869
Fax: (866) 824-4469.
