When a DWI Becomes a CPS Case in Texas

The moment you see flashing lights in your rearview mirror, a wave of fear and uncertainty can be overwhelming. But for a parent, that fear multiplies tenfold when a child is in the back seat. What starts as a traffic stop for a suspected DWI can quickly spiral into a parent's worst nightmare: a Child Protective Services (CPS) investigation. Suddenly, you're not just fighting to protect your driver's license and your freedom; you're fighting to protect your family. The confusion and terror of navigating two legal battles at once—a criminal charge and a CPS case—is something no parent should face alone.

Understanding When a DWI Becomes a Felony and Triggers a CPS Call

A standard first-time DWI is typically a misdemeanor, but this changes instantly if specific aggravating factors are present—especially those involving children. The Texas Family Code gives CPS broad authority to intervene when a child's safety is at risk, and a DWI arrest involving a child is a major red flag for the agency.

The Texas Penal Code outlines clear triggers that automatically escalate a DWI charge. An arrest doesn't have to be your second or third for you to face felony consequences; a single mistake under the wrong conditions can carry devastating penalties that directly impact your parental rights. We're talking about years in state prison, thousands of dollars in fines, and a permanent criminal record that CPS can use against you in family court.

Key Felony DWI Triggers That Alert CPS

Three primary situations turn a DWI into a felony and almost guarantee a call to the CPS hotline. It is vital for every Texas parent to understand these distinctions:

• Driving with a Child Passenger: If you are arrested for DWI with a child under the age of 15 in your vehicle, the charge is automatically elevated to a state jail felony. This is the most direct path to a CPS investigation, as it is considered child endangerment under the law.
• Causing Serious Bodily Injury (Intoxication Assault): If an accident occurs while you are intoxicated and another person suffers a serious bodily injury, you will face a third-degree felony charge for Intoxication Assault. If a child was in your car or was the one injured, CPS involvement is certain.
• Causing a Fatality (Intoxication Manslaughter): If an intoxicated driver causes an accident that results in someone's death, the charge becomes Intoxication Manslaughter, a second-degree felony. The trauma and legal fallout from such a tragedy will invariably lead to CPS assessing the safety of any surviving children in the family.
• Having Two or More Prior DWI Convictions: A third DWI arrest, regardless of how much time has passed since the prior offenses, is charged as a third-degree felony. While this doesn't automatically trigger a CPS case, a pattern of substance abuse is a significant concern for the agency and can be used as grounds for an investigation.

This decision tree shows how a single DWI stop can lead to a felony charge and a potential CPS case based on these critical factors.

Texas DWI Felony Triggers at a Glance

This table provides a quick reference to the circumstances that automatically elevate a DWI charge to a felony in Texas.

As you can see, the specific circumstances surrounding the arrest—not just your BAC level—determine whether you face a misdemeanor or a felony.

The visualization and table make it clear: a single, terrible choice can change everything. A felony conviction can strip you of your right to vote, own a firearm, and obtain professional licenses, but for a parent, the greatest fear is how it will be used by CPS to threaten your most precious relationship—the one you have with your child.

How Prior Convictions Escalate a DWI to a Felony

For many people, the path from a simple traffic stop to a felony DWI charge is paved with past mistakes. A single DWI arrest is frightening enough, but when you have prior convictions on your record, the stakes get exponentially higher. Texas law treats repeat DWI offenses with increasing severity, creating a legal ladder where each step brings harsher penalties that can be used against you in a CPS case.

This escalation isn't just a theory; it’s a reality that can turn one bad night into a devastating, long-term legal battle for your family. Understanding how this progression works is crucial for any parent facing a second or subsequent DWI charge.

The Misdemeanor Ladder: First and Second Offenses

The journey toward a felony DWI almost always begins with misdemeanor charges. It’s important to see how these initial offenses set the stage for a much more serious outcome down the road.

A first-time DWI in Texas, assuming no other aggravating factors are involved, is typically charged as a Class B Misdemeanor. While still serious, the penalties are the lowest on the DWI scale.

A second DWI bumps the charge up to a Class A Misdemeanor. Right away, the potential fines and jail time double, and CPS may view this as a pattern of behavior that could endanger your children, even if they weren't in the car.

Think of it like a credit score for your driving record. The first negative mark hurts, but you can recover. A second one causes significant damage. A third can lock you out of opportunities entirely. Each offense compounds the last, making the consequences far more severe.

The Third Strike: A Permanent Felony Record

This is where the entire legal landscape changes. In Texas, your third DWI arrest is automatically charged as a third-degree felony. This is true no matter how much time has passed since your prior convictions. A mistake you made in your early twenties can come back to haunt you decades later, instantly putting you at risk of becoming a convicted felon and giving CPS powerful evidence against you.

The penalties for a third-degree felony DWI are life-altering:

• Prison Time: A conviction carries a sentence of 2 to 10 years in a Texas state prison.
• Hefty Fines: You could be facing fines up to $10,000.
• License Suspension: Your driver's license can be suspended for up to two years.

This jump is sometimes compared to the "three strikes law," where a third offense triggers a felony charge with severe, mandatory penalties. This criminal history can be used by CPS to argue that you are a danger to your children, potentially leading to their removal under Chapter 262 of the Texas Family Code.

A Real-World Story: The Compounding Effect of Past Choices

Consider the story of Mark, a father of two in his late 40s. He got a DWI in college and another one about ten years later after a company holiday party. He completed probation both times and moved on with his life. Twenty years went by.

One evening, after having two beers with dinner at a friend's house, he was pulled over for a minor traffic violation. He felt perfectly fine to drive, but the officer smelled alcohol and administered a breathalyzer. Mark blew just over the legal limit. Because of his two prior convictions from years ago, he was arrested for a third-degree felony.

The next day, a CPS investigator was at his door. They had been alerted to the arrest and his history of DWI. Suddenly, Mark was not only facing a decade in prison but also the possibility of his children being placed in foster care. His story illustrates a critical point: the state doesn't forget. Past mistakes can compound into a legal crisis that threatens your entire family, which is why mounting an aggressive defense is not just an option—it is an absolute necessity.

DWI with a Child Passenger: An Instant Felony and CPS Nightmare

It’s a common, and frankly dangerous, assumption that you only have to worry about a felony DWI if you have a string of priors. But in Texas, the law is written to come down hard and fast under certain circumstances. A single bad decision—even on your first-ever DWI offense—can instantly escalate into a life-altering felony and trigger an immediate CPS investigation.

One minute you’re a parent driving home from a family barbecue, the next you’re staring down the possibility of years in prison and losing your children. We're talking about a direct threat to your freedom, your job, and the very fabric of your family. Understanding what triggers an instant felony is the first critical step in grasping the seriousness of the situation you're in.

DWI with a Child Passenger

For any parent, this is the nightmare scenario. Under Texas Penal Code Section 49.045, if you are arrested for driving while intoxicated with a passenger under the age of 15 in your vehicle, the charge is automatically bumped up to a state jail felony.

Let's paint a picture. You’re at a friend's house for dinner and have a couple of glasses of wine over a few hours. You feel perfectly fine to make the short drive home with your child asleep in the back. But then you get pulled over for a minor traffic violation, like rolling through a stop sign. If the officer smells alcohol and makes an arrest, the mere presence of your child immediately turns a misdemeanor DWI into a felony and a 911 call to CPS.

The penalties for a state jail felony are no small matter:

• Jail Time: You're looking at 180 days to 2 years in a state jail facility.
• Hefty Fines: A conviction can carry a fine of up to $10,000.
• Driver's License Suspension: Your license could be suspended for up to a full year.

And the consequences don't stop there. A conviction for DWI with a Child Passenger will almost certainly trigger an investigation by Child Protective Services (CPS), putting the one thing you value most—your family—at risk. CPS may seek to remove your child from your care at an emergency hearing under Chapter 262 of the Texas Family Code, arguing you pose an immediate danger.

Intoxication Assault Causing Serious Bodily Injury

Another way a first-time DWI turns into a felony is if your driving causes an accident that results in "serious bodily injury" to someone else. This charge, known as Intoxication Assault, is a third-degree felony.

The legal definition here is intentionally broad. "Serious bodily injury" is any injury that creates a substantial risk of death or causes permanent disfigurement or the long-term loss of function of a body part. If your own child is the one injured in the crash, you will face both a criminal felony charge and an aggressive CPS case alleging physical abuse or neglect.

A conviction for Intoxication Assault can land you in prison for 2 to 10 years. The compassionate lawyers at The Law Office of Bryan Fagan understand the immense fear and regret that follow such a devastating event.

Intoxication Manslaughter

This is the most tragic and severe scenario of all. If an intoxicated driver causes an accident that results in the death of another person, the charge becomes Intoxication Manslaughter, a second-degree felony. This is one of the heaviest charges a person can face in Texas, and the penalties reflect the irreversible loss of life.

A conviction for Intoxication Manslaughter carries a prison sentence of 2 to 20 years and a fine of up to $10,000. The emotional and legal weight of this charge is immense, and you should never attempt to face it without an experienced and compassionate legal team by your side, especially when the custody of your children is on the line.

In Texas, a DWI escalates to a felony under these and other specific circumstances outlined in the penal code, turning what might have started as a misdemeanor into a charge that will follow you for the rest of your life. As you can see from our comprehensive guide on DWI charges in Texas, the state does not take these offenses lightly. These situations underscore why you must take immediate action to protect your rights, your freedom, and your family.

The Lifelong Consequences of a Felony DWI Conviction

When the judge’s gavel falls and a felony DWI conviction becomes final, the sentence handed down is just the beginning. For a parent, the consequences extend far beyond fines and potential prison time. A felony DWI conviction can be used by CPS as grounds to terminate your parental rights under Chapter 161 of the Texas Family Code, permanently severing the legal bond between you and your child.

Most people are completely unprepared for how a felony record follows them. It isn't just a note in a dusty courthouse file; it's a digital ghost that can slam doors shut on opportunities you once took for granted. Understanding what’s truly at stake makes one thing crystal clear: fighting a felony DWI charge is about protecting far more than just your immediate freedom. It’s about preserving your entire family.

The Loss of Fundamental Civil Rights

Here in Texas, a felony conviction means you’re stripped of certain fundamental rights—the very things that define what it means to be an American citizen. These aren’t privileges you can easily earn back. The loss is profound, and it's immediate.

• The Right to Vote: While you are incarcerated, on parole, or on probation for a felony, you cannot vote in Texas. Your right to participate in our democracy is only restored after you have fully completed your sentence, including every last day of supervision.
• The Right to Own a Firearm: Under both federal and Texas law, a convicted felon is prohibited from possessing a firearm. This isn't temporary. It's a lifetime ban, a permanent consequence with huge implications for personal safety, hunting, and other recreational activities.

These aren't minor penalties. They reach deep into your identity as a citizen and a member of your community, creating a sense of separation that lasts long after you’ve left the courtroom.

Barriers to Employment and Housing

Perhaps the most devastating long-term impact of a felony DWI conviction is the unending struggle to find a good job and a safe place to live. In today's world, nearly every job application and rental agreement comes with a mandatory background check.

A felony record often triggers an automatic "no." For a parent trying to provide for their children, this creates an almost impossible cycle of rejection, frustration, and financial instability. This instability is something CPS will look at closely when determining if you can provide a safe and stable home for your child.

Imagine a skilled nurse, a dedicated teacher, or a commercial truck driver. A single felony DWI conviction can mean the immediate revocation of the professional licenses they worked so hard to earn. Careers in aviation, law, and countless other fields become permanently inaccessible, shutting down a lifetime of professional ambition overnight.

Finding a safe home for your family becomes just as hard. Most landlords and apartment complexes have strict policies against renting to anyone with a felony record. This can leave families with limited, and often undesirable, housing options, destabilizing your entire family unit at the very moment CPS is demanding you provide stability.

Immigration and Other Lifelong Hurdles

For anyone who isn't a U.S. citizen, the consequences of a dwi a felony in texas are even more dire. A felony conviction is often classified as a "crime of moral turpitude" or an "aggravated felony" under federal immigration law.

This can trigger immediate deportation proceedings. It doesn't matter how long you've lived here or how deep your family's roots are in this country. Even for legal permanent residents (green card holders), a felony DWI can make it impossible to ever become a U.S. citizen. Other lasting challenges include:

• Difficulty securing loans for a car, a home, or your child's education.
• Ineligibility for certain government benefits or federal student aid.
• Challenges in family law cases, as a felony can be used against you in a child custody dispute, giving the other parent significant leverage.

The mark of a felony conviction is incredibly difficult to erase. It's a stark reminder that the best strategy is always to fight the charge aggressively from the very beginning, for your future and for your children's.

What To Do Right After a Felony DWI Arrest

The moments and days after being arrested for a felony DWI can feel like your world is spinning off its axis. That overwhelming mix of fear, confusion, and raw uncertainty? It’s completely normal. But the moves you make in this initial period are absolutely critical for protecting your rights, your freedom, and your family from a simultaneous CPS investigation. This is the time to be deliberate, not to panic.

Your first step is to remain calm and say as little as possible. You have the right to an attorney. Insist on it. While you are dealing with the criminal process, be prepared for a knock on your door from a CPS investigator. Do not speak with them or let them into your home without your attorney present. Anything you say can be used against you in both the criminal and the family court case.

The Critical 15-Day Deadline for Your Driver's License

While the criminal case is just getting started, a completely separate civil process is already ticking away—one that could cost you your driving privileges. This is the Administrative License Revocation (ALR) process. From the day you were arrested, you have just 15 days to request a hearing to fight the automatic suspension of your driver's license.

Miss that deadline, and your license gets suspended automatically. For a parent, this is devastating. It means you can’t legally drive your kids to school, doctor’s appointments, or extracurriculars, which can be seen by CPS as a failure to provide for your children’s needs. Requesting this hearing immediately is a non-negotiable first step.

Navigating the Legal Road Ahead

The journey from arrest to resolution is a long and winding road with several key stages. Understanding this map can take some of the mystery out of the process and get you ready for what’s coming.

• Grand Jury Indictment: Since it’s a felony, your case will almost certainly go before a grand jury. This is a group of citizens who hear the prosecutor’s side of the story to decide if there’s enough evidence to formally charge you with a dwi a felony in texas.
• Discovery: If the grand jury indicts you, your lawyer will start the discovery phase. This is where they get their hands on all the evidence the state has against you—police reports, body cam videos, breath or blood test results, you name it. They'll comb through every single detail.
• Plea Bargaining: In many cases, the prosecutor will offer a plea deal to avoid a trial. A good lawyer will size up the state's case and give you straight advice on whether taking a deal or fighting it out in court is your best move, always considering the impact on your CPS case.
• Trial: If you don't reach a plea agreement, your case is headed for trial. This is where your defense attorney will challenge the evidence, cross-examine the state's witnesses, and tell your side of the story to a judge or jury.

At every single stage of this intimidating process, remember your constitutional rights. You have the right to remain silent—so use it. You don't have to answer an officer's questions about where you were going or what you'd been doing. You also have the right to say no if they ask to search your car without a warrant.

As you sort through the aftermath of an arrest, finding an attorney who knows both criminal defense and CPS defense is critical. The two cases are deeply intertwined. Information from your criminal case can and will be used by CPS. The single most important thing you can do right now is call a skilled attorney who can manage both fronts. The sooner you have an expert in your corner, the better protected you and your family will be.

How a Skilled Attorney Can Defend Your Case

Here’s the first thing you need to understand: an arrest is not a conviction. After being charged with a felony DWI, it’s easy to feel like the fight is already lost, but nothing could be further from the truth. The prosecution's case might look like an unbreakable wall, but it often has cracks—procedural mistakes, flimsy evidence, and constitutional slip-ups that an experienced attorney knows exactly how to find.

Building a powerful defense is a lot like carefully taking apart a machine, piece by piece. We don't just accept the state's evidence at face value. Instead, we challenge every single part of it, starting from the moment the officer’s lights flashed in your rearview mirror. A strong defense in your criminal case is the best defense in your CPS case.

Challenging the Initial Traffic Stop

The first line of defense almost always starts by questioning the legality of the traffic stop itself. A police officer can't just pull you over on a hunch; they must have reasonable suspicion that you've actually violated a law.

If the officer didn't have a valid reason for the stop—maybe they claimed you were weaving, but their own dashcam video tells a different story—then any evidence they gathered after that point can be thrown out. This is what's known as the "fruit of the poisonous tree" doctrine. A successful challenge here can get the entire criminal case dismissed, which removes the foundation of the CPS case against you.

Scrutinizing Field Sobriety and Chemical Tests

Let's be clear: Field Sobriety Tests (FSTs) are notoriously unreliable. They are subjective physical exercises that many people would fail even when completely sober, thanks to nerves, underlying medical conditions, or just plain confusing instructions from the officer. We dig into the officer's administration of these tests to find any and all errors that undermine their credibility.

Similarly, breath and blood tests are far from foolproof. These are complex scientific procedures, and they are absolutely prone to error.

A critical aspect of a felony DWI defense involves understanding forensic toxicology, which is the science behind chemical evidence such as breath or blood tests. This knowledge allows an attorney to identify potential flaws in the state's case.

Common weak spots we investigate include:

• Improperly calibrated machines: Breathalyzer devices need regular maintenance and calibration to be accurate. If they're not, the results are junk.
• Mishandled evidence: The chain of custody for a blood sample has to be perfect. Any break in that chain could mean the sample was contaminated or tampered with.
• Medical conditions: Certain health issues, like acid reflux or even diabetes, can produce falsely high readings on a breath test.

Texas DWI statistics show that while many cases do end in guilty pleas, a surprising number get dismissed. In 2022 alone, 1,983 DWI cases were dismissed, proving that a strong, well-argued defense can and does succeed. You can see the numbers for yourself in the official DPS summary.

Facing a felony DWI and a CPS case is terrifying, but there are multiple avenues to defend your future and your family. With the right legal team in your corner, achieving a dismissal, a reduction in charges, or a not-guilty verdict is entirely possible. Our guide on how to fight a DWI in Texas goes into more detail on these proven strategies.

Common Questions About Felony DWI Charges in Texas

When you're hit with a felony DWI charge, a million questions start racing through your mind. When CPS gets involved, that number doubles. It's a terrifying experience, and the "what ifs" can feel completely overwhelming. Finding straight, clear answers is tough when you're in the middle of a storm. Here, we'll tackle some of the most pressing questions we hear from families just like yours, giving you the clarity you need right now.

Can a Felony DWI Be Removed From My Record?

This is one of the toughest realities to face: in almost all cases, a final conviction for a felony DWI in Texas is permanent. It cannot be expunged from your record. This hard truth is precisely why the defense strategy we build from day one is so absolutely critical.

However, there is a path to a clean slate. If we can get your case dismissed entirely, or if you are found not guilty at trial, then you may be eligible to have the arrest record completely cleared. This is the best possible outcome because it allows you to legally deny the arrest ever happened. For your CPS case, this is a massive victory, as it removes the primary piece of evidence they have against you. It truly highlights just how important it is to fight the charge aggressively from the very beginning.

Does a Felony DWI Automatically Mean Prison Time?

A prison sentence is a very real possibility with any felony charge, but let me be clear: it is not a guaranteed outcome. An experienced defense attorney can often find ways to negotiate for alternatives to sending you to prison, depending on the unique facts of your case.

The most common alternative is probation, which Texas courts call "community supervision." Instead of prison, a judge might sentence you to a lengthy term of probation with very strict conditions attached, such as:

• Mandatory, intensive alcohol or drug treatment programs
• Hundreds of hours of community service
• Installation of an ignition interlock device on any vehicle you drive

Successfully completing probation is also a key part of your CPS service plan. Showing both the criminal court and the family court that you are taking proactive steps to address the issue is a powerful way to work toward reunifying your family. What happens in the end really boils down to your criminal history, the specific details of the incident, and the strength of the legal defense we present on your behalf. There is always hope for a better result than the maximum penalty.

The uncertainty that comes with a dwi a felony in texas charge is immense, and when it triggers a CPS investigation, it can feel like your world is ending. But you do not have to face it alone. At The Law Office of Bryan Fagan PLLC, we provide the strategic, compassionate defense your family needs to fight on both fronts—protecting your freedom in criminal court and your family in civil court. We meticulously investigate every detail to find the weaknesses and build the strongest defense possible. Don't wait to get the help you and your children deserve. Contact us today for a free, confidential consultation to discuss your case.

Call The Law Office of Bryan Fagan PLLC for a free consultation at https://texascpslawyer.net.