HOUSTON, Texas (KTRK) -- A Houston man is in jail facing his third DWI, but this time the charge is upgraded to note a child was in the car with him.

43-year-old Jose Orellana spent just minutes in front of a magistrate on Tuesday morning as he listened to the details of his third DWI being read out.

On Monday, the Harris County Precinct 5 Constables' Office said Orellana was driving the mother of his child to work when law enforcement pulled him over for dangerous driving while on the West Sam Houston tollway near the Katy Freeway. Law enforcement said when they pulled Orellana over, he appeared intoxicated, had an open container of alcohol in plain view, and his three-year-old child was unrestrained in the car.

Orellana was arrested and charged with a DWI with a child passenger, cour

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