New Braunfels DWI With Child Passenger Lawyer
A DWI charge by itself carries serious consequences in Texas. But when a child under 15 years old is in the vehicle at the time of the arrest, you are no longer looking at a standard DWI. You are looking at a state jail felony under Texas law, and that distinction changes everything, from the courtroom strategy to how prosecutors approach negotiations to what a conviction would actually mean for your life going forward. If you were arrested in New Braunfels or anywhere in Comal County facing this specific charge, the decisions you make in the days immediately following that arrest will shape the outcome more than almost anything else.
At The Law Offices of David C. Hardaway, we defend clients across the Central Texas region against DWI charges at every level, including the felony-level child passenger enhancement. New Braunfels DWI with child passenger cases are handled aggressively and strategically by our team, with a close look at how the traffic stop occurred, how field sobriety testing was conducted, whether chemical test results can be challenged, and what procedural issues might work in your favor. This is not a charge to handle on your own or with a lawyer who treats it like a routine traffic matter.
New Braunfels is a fast-growing city on the I-35 corridor between San Antonio and Austin, and local law enforcement on that stretch of highway is active. Comal County prosecutors do not routinely extend lenient offers on felony DWI cases, particularly when a child was present. Understanding the terrain of how these cases are prosecuted locally, and having a defense attorney who has worked within that terrain, matters more than most people realize when they first get arrested.
What Makes This Charge Different From a Standard DWI in Texas
Under Texas Penal Code, a person commits a DWI with child passenger offense when they are intoxicated while operating a motor vehicle in a public place with a passenger who is younger than 15. That cutoff of 14 years and under is strict. The child does not have to be yours. The child does not have to be injured. The simple fact of their presence in the vehicle when the driver is legally intoxicated is enough for the state to elevate what would otherwise be a Class B or Class A misdemeanor into a state jail felony.
A state jail felony in Texas carries a punishment range of 180 days to two years in a state jail facility and a fine of up to $10,000. That is a felony conviction on your record, which means loss of certain civil rights, potential disqualification from professional licensing, and a background check result that follows you through employment applications, housing, and more. It also means that the informal path some misdemeanor DWI defendants take, accepting a short probation and moving on, is simply not available in the same way at this felony level.
Prosecutors also have more leverage at the felony level. Grand jury proceedings, indictment, and the formal pretrial process in Comal County’s district court add layers of complexity that are absent from misdemeanor DWI cases handled in county court. A New Braunfels DWI attorney who works these cases regularly knows the difference between how county and district court proceedings unfold locally, and that working knowledge shapes everything from motion practice to how your attorney interacts with the assigned prosecutor.
Charges, Enhancements, and What You Could Be Facing
- State jail felony baseline: The child passenger enhancement automatically raises a DWI to state jail felony status regardless of your blood or breath alcohol concentration, meaning even a result just above the legal limit triggers felony exposure when a child is present.
- Prior DWI convictions: If you have a prior DWI conviction or convictions on your record, the state may seek to enhance the current charge further, potentially elevating it to a third-degree felony with a punishment range of two to ten years in prison.
- Injury to a child allegations: If any child passenger was injured in connection with the incident, separate charges for injury to a child may be filed alongside the DWI, compounding the exposure dramatically and requiring a defense strategy that addresses both sets of allegations simultaneously.
- Intoxication assault: Serious bodily injury to any person, not just a child passenger, opens the door to an intoxication assault charge, which is a third-degree felony and carries its own sentencing range independent of the DWI enhancement.
- Driver’s license consequences: Even before a conviction, a DWI arrest triggers an Administrative License Revocation process through the Texas Department of Public Safety. You have a narrow window after arrest to request an ALR hearing to fight the suspension, and missing that deadline results in automatic suspension.
- Child Protective Services involvement: Because a child was present, law enforcement may refer the case to CPS, which can initiate its own investigation and proceedings entirely separate from the criminal case, adding pressure that affects families in ways the criminal charge alone does not.
- Occupational consequences: A felony DWI conviction can affect professional licenses issued by Texas licensing boards in fields such as healthcare, education, law, and commercial driving, where background checks and character fitness reviews are standard.
How Defense Attorneys Approach These Cases in Comal County
The first thing a competent defense attorney does after being retained on a felony DWI with child passenger case is pull the entire documentary record: the police report, dash camera and body camera footage, the breath or blood test chain of custody, field sobriety test records, and any 911 calls that preceded the stop. In New Braunfels, many DWI arrests happen along I-35, Loop 337, State Highway 46, and Farm to Market roads north and east of the city. The specific circumstances of how the stop was initiated and what officers documented in real time versus what ends up in a written report matters. Discrepancies matter. Officer training and certification on testing equipment matters.
Blood draw cases, which are common when law enforcement obtains a warrant after a refusal or when an accident is involved, bring their own technical challenges. The chain of custody for a blood sample, the qualifications of the person who drew it, and the laboratory procedures used to analyze it are all areas where defense analysis can uncover problems that affect whether the result is admissible. An experienced DWI defense attorney treats blood results as a starting point for investigation, not a closed door.
Comal County District Court in New Braunfels handles the felony docket. Understanding how cases move through that court, how the district attorney’s office approaches plea negotiations on felony DWI charges, and what kind of pretrial motions are likely to gain traction requires working familiarity with that specific courthouse and its personnel. Our firm handles cases regularly across Comal County and the surrounding Central Texas region, which provides real-world context that affects how we build and present your defense.
Because CPS involvement is a realistic possibility in any case with a child passenger, your criminal defense strategy should not operate in isolation. Actions and statements made in the context of a CPS inquiry can affect the criminal case, and vice versa. Being clear with your attorney about what has happened on both fronts is critical from the very beginning.
After the Arrest: What You Should Do Right Now
The ALR deadline is the most pressing practical concern after a DWI arrest. Texas law gives you 15 days from the date of your arrest to request an Administrative License Revocation hearing to contest the suspension of your driver’s license. That request must be made to the Texas Department of Public Safety. Missing it means your license is suspended automatically, and while an occupational license may be available later to allow you to drive for limited purposes, fighting the suspension outright is only possible if the hearing request is filed on time. Contact an attorney immediately so that deadline does not pass.
Do not speak to law enforcement, prosecutors, or CPS investigators without counsel present. This includes informal conversations and phone calls you might not think of as formal interviews. Anything you say can be used in the criminal proceedings. This is not a situation where explaining yourself helps. It is a situation where your attorney speaks for you.
Document what you remember about the stop as thoroughly and accurately as you can while it is fresh. Where you were, where you had been, what law enforcement said and did, whether you were given the opportunity to refuse tests or were told you had no choice, and who else was present. Your attorney will use these details to compare against the official record. Your criminal case will be handled in Comal County District Court, located at 150 N. Seguin Ave. in New Braunfels. Your driver’s license matter runs through the DPS ALR process separately. Understanding that these are two parallel tracks helps you stay organized and focused.
One common mistake in these cases is waiting too long to retain counsel, thinking the situation might resolve itself or that the charge might be reduced before an attorney is needed. In a felony DWI with child passenger case, early attorney involvement can influence how the case is charged at the grand jury stage, whether diversion options are explored, and whether pretrial motions can be filed to address evidentiary issues before the case reaches the point of a plea or trial.
Questions People Actually Ask About This Charge
What is the difference between a DWI with child passenger and a standard DWI in Texas?
A standard first-offense DWI in Texas is a Class B misdemeanor, carrying up to 180 days in jail and a fine of up to $2,000. When a passenger younger than 15 is in the vehicle, the offense becomes a state jail felony, which carries a punishment range of 180 days to two years in a state jail facility and a fine of up to $10,000. The classification difference is significant because a felony conviction has far broader consequences than a misdemeanor.
Will my child’s presence automatically result in a felony charge, or does it depend on other factors?
Texas law makes the enhancement automatic based solely on the presence of a passenger under 15. There is no threshold BAC level or level of impairment that makes the enhancement apply in some cases but not others. If you were intoxicated and a child under 15 was in the vehicle, the statute applies. That said, the defense challenge is to the underlying DWI itself, and defeating the DWI element defeats the entire charge.
Can this charge ever be reduced back to a misdemeanor?
Reductions are possible in some circumstances depending on the strength of the evidence, the specific facts of the case, and how negotiations with the Comal County District Attorney’s office proceed. This is not guaranteed, and prosecutors do not offer reductions routinely on felony DWI cases. A well-prepared defense that identifies legitimate weaknesses in the state’s evidence puts you in the best position to have those conversations meaningfully.
What happens at a grand jury for a felony DWI case?
In Texas, felony charges must go through a grand jury before a formal indictment issues. The grand jury reviews evidence presented by prosecutors and votes on whether probable cause exists to indict. Defense attorneys can sometimes present materials or a packet to the grand jury in advance of their consideration, which is one reason early attorney involvement matters. A no-bill from a grand jury results in the charge not proceeding.
How does the ALR process work, and is it worth contesting?
The Administrative License Revocation process is a civil administrative proceeding separate from your criminal case. If you fail or refuse a breath or blood test, DPS will move to suspend your license. Requesting a hearing pauses that suspension and gives you the opportunity to contest it before a hearings officer. Beyond the license issue itself, the ALR hearing can serve as a useful opportunity to cross-examine the arresting officer under oath before the criminal trial, which experienced defense attorneys use for discovery purposes.
What if CPS has already contacted me about the arrest?
Contact your attorney before responding to CPS. CPS investigations and criminal proceedings run on parallel but interconnected tracks. What you say to a CPS caseworker is not protected the same way communications with your attorney are, and CPS can share information with law enforcement. Your attorney can help you understand your rights and obligations in a CPS context while protecting your position in the criminal case.
Does it matter that the child was not mine?
No. The Texas statute applies to any passenger under 15 in the vehicle, regardless of whether the driver is the parent or guardian. The child’s relationship to the driver is not an element of the offense.
Could my professional license be affected if I am convicted?
Potentially, yes. Felony convictions are reportable to Texas licensing boards across a wide range of professions, including healthcare, education, law, real estate, and others. Each board has its own standards and processes for determining how a conviction affects licensure. If you hold a professional license or are in the process of obtaining one, you should discuss this with your attorney from the beginning so the full scope of consequences is part of the strategy.
How long does a felony DWI case in Comal County typically take?
Felony cases move more slowly than misdemeanor cases because they involve grand jury proceedings, formal indictment, and district court scheduling. A case can take anywhere from several months to well over a year from arrest through resolution, depending on the complexity of the evidence, the court’s docket, and whether the case goes to trial or resolves through a plea. Your attorney should be able to give you a realistic timeline based on current Comal County docket conditions.
What if this is my first offense and I have no prior criminal record?
First-time offenders are generally in a stronger negotiating position than repeat offenders, but the child passenger enhancement means you are still facing a state jail felony regardless of your record. Some defendants with no prior history may be eligible for deferred adjudication probation rather than a straight conviction, which has different long-term consequences, but this is not automatic and depends heavily on the evidence and prosecutorial discretion. An attorney can evaluate what options realistically exist in your specific case.
DWI Defense Representation Across New Braunfels and the Surrounding Region
Our firm represents clients facing DWI with child passenger charges throughout New Braunfels and the wider Comal County area, including the communities of Bulverde, Garden Ridge, Schertz, Cibolo, Spring Branch, Fischer, Canyon Lake, and Wimberley. We also defend clients in Guadalupe County communities such as Seguin, Marion, and Floresville, and in communities along the I-35 corridor north through San Marcos, Kyle, and Buda into Hays County. To the north, we handle cases in Austin, Round Rock, and Williamson County. East of New Braunfels, our representation extends through communities in Gonzales and Caldwell Counties. Our San Marcos office is a straightforward drive from New Braunfels via I-35, and clients throughout Comal County work with our firm regularly for felony-level criminal defense.
Wherever you are in Central Texas, if you are facing a DWI charge that involves a child passenger, our team is equipped to handle it at the level of seriousness it demands.
Talk to a New Braunfels DWI With Child Passenger Attorney Today
A felony DWI charge is not something to approach without a clear-eyed understanding of what is at stake and a defense strategy that takes the specific facts of your case seriously. The Law Offices of David C. Hardaway has built its practice on direct communication, rigorous case preparation, and representation that treats each client as a person with a real future at risk, not just a case file. Our clients have described getting case dismissals, charges reduced, and outcomes they did not think were possible when they first called us, and that track record reflects how we approach every case we take on.
As a New Braunfels DWI with child passenger attorney serving Comal County and the surrounding Central Texas region, David Hardaway and his team are ready to review your case and give you a straight answer about your situation. Call our office to schedule a confidential consultation and find out exactly where you stand.
