Felony DWI and Child Endangerment: A Legal Double Whammy

Driving while intoxicated is already a serious offense in Texas, but when a child is involved, the stakes skyrocket. Getting charged with a felony DWI and child endangerment at the same time can turn your world upside down. In Austin, where law enforcement takes impaired driving seriously, these dual charges can lead to harsh consequences that affect every corner of your life. That’s why talking to a DWI lawyer Austin as early as possible is essential for understanding your rights and planning your next move.

Let’s break down what happens when these charges combine—and how it could impact your freedom, your family, and your future.

What Turns a DWI Into a Felony?

Not all DWI charges are created equal. A first or even second offense is typically considered a misdemeanor in Texas. However, a DWI becomes a felony under certain circumstances, including:

A third or subsequent DWI offense
DWI with a child passenger under 15 years old
Causing serious bodily injury (intoxication assault) or death (intoxication manslaughter)

In cases involving a child passenger, the state doesn’t play around. Driving under the influence with a minor in the car immediately elevates the charge to a state jail felony—even if it’s your first DWI.

Child Endangerment: One Bad Decision, Multiple Charges

When alcohol or drugs impair your judgment, you’re not just risking your own safety—you’re risking others, especially children. Texas law defines child endangerment as putting a minor in a situation that can result in physical or mental impairment, injury, or death. Driving drunk with a child in the car checks every box.

That means you’re likely to face two separate charges:

Felony DWI
Child endangerment

Even if there’s no crash and the child isn’t injured, prosecutors may pursue both charges to the fullest extent. This legal “double whammy” means more fines, more jail time, and possibly losing custody or visitation rights.

Real-Life Consequences: Jail, Fines, and CPS Involvement

So what does this look like in the real world? A felony DWI with a child passenger can carry:

State jail time of 180 days to 2 years
Fines up to $10,000
Loss of driver’s license for up to two years
Mandatory alcohol education programs

But it doesn’t stop there. The child endangerment charge opens the door for Child Protective Services (CPS) to get involved. They may investigate your household, assess your parenting capabilities, and even pursue removal of the child—temporarily or permanently.

According to the Texas Department of Public Safety, convictions for DWI with a child passenger are recorded and can influence your standing in future legal matters like divorce or custody disputes.

Why You Need a Lawyer ASAP

If you’re facing felony DWI and child endangerment charges, trying to go it alone is a mistake. Texas prosecutors are known to take a hard line, especially in Travis County. A skilled lawyer can assess your situation, gather evidence in your defense, and negotiate for reduced penalties—or even a dismissal.

Whether it’s challenging the validity of the traffic stop, the breathalyzer results, or how the arrest was handled, your lawyer can find legal avenues you probably didn’t know existed.

Plus, they can help you navigate any CPS investigation, ensuring you don’t say or do anything that could worsen the situation. According to the American Bar Association, early legal intervention often leads to better outcomes in criminal and family-related proceedings.

Can You Lose Custody for a Felony DWI?

Short answer: yes. A felony DWI involving child endangerment can be a red flag in any family court case. If you’re in the middle of a custody battle, or even just co-parenting under a court agreement, this kind of charge can trigger a formal review of your custodial rights.

Judges are tasked with acting in the child’s best interest, and a felony DWI suggests a lapse in parental judgment. That doesn’t mean your rights will automatically be revoked—but you’ll be fighting an uphill battle.

An attorney with experience in both criminal and family law can often coordinate with your family attorney to craft a unified legal strategy that protects your rights on all fronts.

Can You Get the Charges Reduced?

It depends. Every case is different, and the outcome will hinge on the details: Were you actually over the legal limit? Was the child harmed in any way? Was this your first offense?

In some situations, your attorney might be able to argue for:

A reduction to a misdemeanor
Enrollment in a diversion program
Dismissal due to procedural errors or lack of evidence

Negotiating with prosecutors is not something you want to do without representation. That’s why having a legal team that understands the local court system is critical to your defense.

One Mistake Shouldn’t Define the Rest of Your Life

We all make mistakes, but some mistakes come with more serious consequences than others. A felony DWI with child endangerment is a life-altering event. It can damage your reputation, destroy your family relationships, and cost you your freedom.

But it’s not the end of the road. With the right legal team and a proactive approach, you can minimize the damage and start rebuilding your life.

Conclusion

A felony DWI with child endangerment in Texas is more than just a charge—it’s a crisis that affects every part of your life. From criminal court to child custody, the consequences are severe and far-reaching. If you’re facing this situation, don’t wait. Reach out to a seasoned DWI lawyer Austin to protect your rights and start the process of turning things around.