What if I was Arrested for DWI with an Underage Passenger?
While a first or second DWI offense is usually a Misdemeanor in Texas, the penalties for a DWI drastically increase to a felony if your DWI involves an underage passenger. Driving while intoxicated with a child under the age of 15 automatically elevates your offense (even a first or second DWI) to a State Jail Felony. The consequences of this situation can change your life forever. If convicted, you could receive 180 days to 2 years in a State Jail Facility, fines up to $10,000, and a potential license suspension from 180 days to 2 years.
Shortly after your arrest, Texas Courts will require installation of an ignition interlock device (IID) or a SCRAM device (ankle monitor) to ensure you avoid alcohol and drugs while the case is being resolved. The Court may also impose strict travel restrictions and even prohibit you from driving for an extended period of time.