DWI with a Child Passenger

A DWI with a Child Passenger charge in Montgomery County is one of the most serious intoxication offenses under Texas law. It is treated as a felony, even if this is your first arrest and no one was hurt. Prosecutors, judges, Child Protective Services, and even family courts all take these cases personally. They see an allegation that a child was placed at risk and they often push for prison time, strict bond conditions, and life changing probation terms. 

If you have been arrested for DWI with a Child Passenger in The Woodlands, Conroe, Spring, Magnolia, or anywhere in Montgomery County, you are facing more than a traffic case. You are facing a felony that can permanently affect your freedom, your family, and your future. The lawyer you choose right now can make the difference between a devastating conviction and a result you can live with. 

Attorney Andrea M. Kolski of Nonstopjustice PLLC is a veteran Montgomery County criminal defense lawyer with more than 25 years of experience in Texas criminal courts. She has handled thousands of cases, including many serious DWI charges involving children, both as a prosecutor and as a defense attorney. Her goal in every case is clear and aggressive: seek dismissal whenever possible and, when dismissal cannot be achieved, fight for the outcome that is genuinely in the best interest of the accused. 

This page explains how Texas law treats DWI with a Child Passenger, why outcomes are often worse for people who rely only on overburdened public defenders or court appointed lawyers, and how an experienced, trial tested private defense attorney like Andrea Kolski can give you the best chance to avoid the harshest consequences. 

Texas DWI with a Child Passenger Law and Penalties 

Under Texas law, a DWI with a Child Passenger is not simply a “worse” misdemeanor DWI. It is its own felony offense with its own statute and punishment range. 

The key statutes include: 

• Texas Penal Code § 49.04 defines the basic offense of Driving While Intoxicated. A person commits DWI if they operate a motor vehicle in a public place while intoxicated. 

• Texas Penal Code § 49.01(2) defines “intoxicated” as not having the normal use of mental or physical faculties due to alcohol, a controlled substance, a drug, or any combination of those, or having an alcohol concentration of 0.08 or more. 

• Texas Penal Code § 49.045 sets out the separate felony offense of Driving While Intoxicated with Child Passenger. A person commits this offense if they are intoxicated while operating a motor vehicle in a public place and a child younger than 15 years of age is a passenger in the vehicle. 

Under § 49.045, DWI with a Child Passenger is: 

• A state jail felony 
• Punishable by 180 days to 2 years in a state jail facility 
• With a fine up to $10,000  

In addition to the felony sentence, you may face driver license suspension, mandatory installation of an ignition interlock device, lengthy probation terms, DWI education and parenting classes, substance abuse evaluations, and community service. 

Montgomery County prosecutors often treat these cases as high priority. They may seek: 

• Jail or state jail time even for first offenders 
• No contact orders or supervised visitation conditions in some situations 
• Strict bond terms such as no alcohol consumption and continuous alcohol monitoring 

Texas law also allows future intoxication offenses to be enhanced based on a conviction for DWI with a Child Passenger. That means a mistake today can increase penalties years from now if you ever find yourself accused again. 

Family and Professional Consequences 

Employment is one of the first casualties of a DWI with a Child Passenger conviction. Many employers in Texas conduct criminal background checks. A felony involving a child can raise serious concerns about judgment, reliability, and liability. That can cost you your job, future opportunities, or shut you out of entire career fields.  This is especially true for careers involving children, driving, healthcare, education, or positions of trust. 

Professional licenses are at serious risk. Nurses, teachers, counselors, real estate agents, and other licensed professionals must often report felony arrests or convictions to licensing boards. Boards can impose discipline such as suspensions, probationary licenses, or revocation, especially when an offense suggests danger to children. 

Insurance costs nearly always rise after DWI related felonies. Some insurers will cancel or refuse coverage while others will raise rates dramatically. Financial institutions may scrutinize you more closely when you apply for loans or lines of credit. 

Anyone embroiled in a contentious divorce or child custody battle will be heavily impacted. A DWI with a Child Passenger conviction can be used as powerful evidence in divorce, custody, and modification proceedings. Opposing parties can argue that you are an unsafe parent or caregiver.  

A DWI with a Child Passenger conviction also opens the door for the Texas Department of Family and Protective Services (CPS). A DWI arrest with a child in the car can trigger an investigation into your home, your parenting, and your support network. CPS involvement can be intrusive, stressful, and long-lasting. 

Put simply, the stakes are so high that a strong legal defense is essential to keep your life together. 

Overworked Public Defenders   

The US justice system recognizes your right to an attorney. Unfortunately, there is no guarantee of the quality of that attorney or their experience.  Court appointed lawyers in Montgomery County often carry caseloads that are simply too high to allow detailed, aggressive defense in every case, especially complex felonies like DWI with a Child Passenger. 

In one widely cited study of felony cases in large urban counties, defendants represented by public defenders were convicted at higher rates and received longer terms of incarceration on average than those with private attorneys.  

Montgomery County maintains a limited list of court-appointed attorneys under annual contracts.  Most contracted Montgomery County lawyers often maintain an additional list of private cases to supplement their income.  Once again, this means a heavy caseload and limited time to focus on any individual client.  Court-appointed clients often get the short end of the stick simply because the incentives favor private clients.  

DWI with a Child Passenger Defense 

Defending a DWI with a Child Passenger charge is not a simple task.  An experienced DWI lawyer will carefully review the state’s case to find any weak points that could work in your favor. 

To start, an officer must have reasonable suspicion or probable cause to stop your vehicle. Claims of weaving, speeding, or anonymous calls all deserve scrutiny. If the stop was unlawful, key evidence can be suppressed. 

Standardized field sobriety tests must be administered correctly and fairly. Medical conditions, fatigue, stress, and roadside conditions can all mimic intoxication. Body cam and dash cam footage often reveal inconsistencies between what the report claims and what really happened. 

Breath or blood testing machines must be maintained and calibrated. Blood draws must follow Texas Transportation Code procedures and chain of custody rules. Lab personnel must handle and test samples accurately. Any defects can undermine the state’s case. 

For a child passenger charge, the state must prove someone younger than 15 was a passenger. An officer must properly determine the child’s age and avoid exaggerating the risk to the child. 

Evidence plays a central role in any case, but a skilled defense attorney can paint a positive life picture of a person outside of this one mistake.  Your family history, friendships, parental involvement, and support system can make a real difference in how prosecutors and judges view a case. 

Any weakness in the state’s case can be potential leverage for an experienced DWI defense attorney. That leverage can mean a motion to dismiss, a reduction to a misdemeanor DWI, or a negotiated outcome that avoids long-term damage to your life.  

A Local Lawyer Offers You Advantages 

Montgomery County has its own legal culture when it comes to DWI and child related cases. Familiarity with the staff and local procedures can be a huge advantage in your case. 

For more than two decades, Andrea Kolski has been a familiar face in the Montgomery County court system.  She’s a respected and well-known DWI defense attorney with a strong reputation for outstanding legal defense.  Beyond knowing the law, Andrea understands how particular judges operate and takes care to respect their authority and specific rules.  As a former prosecutor, she knows when the DA may consider alternatives like pretrial diversion, reduced charges, or specialized probation plans could be offered.  Understanding how to present these alternatives to prosecutors is key to success in DWI with a child passenger cases. 

Andrea Kolski has spent over 25 years working to earn the trust of her peers, judges, and prosecutors in Montgomery County.  When Andrea stands up in court and speaks for you, prosecutors and judges recognize her reputation as an outstanding litigator and capable DWI defense attorney.   

The Right DWI Attorney Relieves Stress and Improves Your Chances 

Being charged with DWI with a Child Passenger can be devastating. It’s easy to feel overwhelmed and paralyzed with fear.  That’s why clients trust Andrea and her team at Nonstopjustice to bring strong defense and restore a sense of calm during these stressful times. 

Hiring Andrea M. Kolski and Nonstopjustice PLLC is the first step to taking back control of your life. With over 25 years of legal practice, Andrea has seen and heard it all.  Clients appreciate her depth of experience and compassion without judgment while explaining in plain language what you are facing and a strategy tailored to your situation. She and her team will handle communication with the court and the prosecutor, coordinate deadlines and hearings, and allow you to finally breathe a sigh of relief. 

Andrea has one simple goal: full dismissal or fight for the best possible result.  Andrea’s track record of success is second to none. She does not accept “standard offers” or unfair plea deals.  She pushes for outcomes that protect you, your future, and your family. 

Montgomery’s Most Trusted DWI Lawyer 

For over 25 years, clients have trusted Andrea Kolski for skilled, experienced, compassionate DWI defense.  As a former prosecutor and familiar presence in Montgomery County courts, Andrea brings unmatched skill and determination to every DWI case.  Her reputation as a “pitbull in the courtroom” sets her apart from her peers and has earned her countless DWI victories on behalf of her clients.   

When everything you care about is in jeopardy, you need more than a lawyer who occasionally handles DWI cases. You need a seasoned criminal trial attorney who lives in these courts, knows the players, and has a proven track record of fighting for clients facing serious accusations. 

Your Choice. Your Future.  

Choosing the right DWI lawyer is a decision that will impact the rest of your life.  For over two decades, countless Montgomery County clients have trusted Andrea Kolski and are leading happy, fulfilling lives.  

If you or a loved one are facing charges of DWI with a child passenger in Montgomery County, there are many choices.  Choose a lawyer you trust.  Choose a lawyer with experience.  Choose a lawyer who’s a proven fighter.  Choose wisely.  

Contact us today and see if Andrea M. Kolski is the right choice for you.