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DWI with a Child Passenger in Texas: A Grave Offense and Your Best Defense

Driving While Intoxicated (DWI) is a serious offense in Texas, but when a child passenger is involved, the consequences and penalties become even more severe. This is why it is crucial to understand the law and the range of punishments you might face. More importantly, you need to know the right law firm to hire when facing this grave charge.

The Law: Texas Penal Code § 49.045

Under the Texas Penal Code § 49.045, it's an offense to operate a motor vehicle in a public place while intoxicated if the vehicle is occupied by a passenger who is younger than 15 years old. This law signifies the increased level of responsibility drivers have when carrying children, and the state recognizes this by escalating the penalties. If you are convicted of DWI with a child passenger, you will be a convicted felon for the rest of your life.

The Punishment Range

DWI with a child passenger is classified as a state jail felony in Texas. Here's what you can expect if convicted:

  1. Jail Time: A minimum of 180 days to a maximum of 2 years in state jail.
  2. Fines: Up to $10,000, not including court costs and other fees.
  3. Driver's License Suspension: 180 days to 2 years.
  4. Community Service: Up to 1,000 hours of community service.
  5. Ignition Interlock Device: Installation of an ignition interlock device on your vehicle
  6. Other Potential Collateral Consequences: Loss of custody or visitation rights, loss of voting rights, loss of gun rights, compulsory rehabilitation programs, and a permanent criminal record that can affect employment and housing.

Why You Should Hire Zendeh Del & Associates, PLLC to fight your Galveston County DWI Case.

Facing a DWI charge with a child passenger is a daunting experience, but the right legal representation can make all the difference. Here's why Zendeh Del & Associates, PLLC is your best choice:

  1. Deep Knowledge of the Local Court System, Judges, and Prosecutors: Zendeh Del & Associates, PLLC is the largest criminal defense firm in Galveston County and specializes in DWI defense. DWI defense is what the local police, judges, and prosecutors know the firm for. When Zendeh Del & Associates, PLLC’s name is on a case, they expect a fight, and know we will find issues in every part of the case. Hire a local firm who knows the ins-and-outs of the small-town Galveston court system. Jonathan Zendeh Del was born and raised in Galveston and is well known in this small town.
  2. Specialized Expertise: Jonathan Zendeh Del is a DWI Super Lawyer and one of the best DWI lawyers in Texas. His expertise is recognized statewide, and he is one of only 16 DWI Super Lawyers in Texas.
  3. Experience in the Courtroom: Jonathan Zendeh Del is recognized by the National Trial Lawyers as one of the Top 100 Trial Lawyers.
  4. 24/7 Availability: At (409) 740-1111, Zendeh Del & Associates, PLLC offers around-the-clock representation, ensuring that you're never left without legal support.
  5. Aggressive Representation: The firm's reputation for aggressive representation means that they fight tirelessly for your rights and work to secure the best possible outcome.


DWI with a child passenger is a grave offense in Texas that requires an immediate and robust defense strategy. With the stakes so high, the representation you choose can significantly impact the outcome of your case.

By hiring Zendeh Del & Associates, PLLC, you not only leverage the expertise of one of the state's leading DWI lawyers but also align with a law firm that is dedicated to defending your rights.

If you or someone you know is facing such a charge, don't hesitate. Call (409) 740-1111 today and let the largest criminal defense firm in Galveston, Texas, guide you through this challenging legal battle. Put an entire defense team of lawyers on your side. Your future depends on it.