Driving while intoxicated (DWI) is a serious crime in Texas. However, it is even more serious if a child is a passenger in the vehicle. When a drunk driver transports a child passenger, it is considered a felony in Texas and the penalties are much more severe.
The penalties for DWI with a child passenger can include:
In addition to the criminal penalties, a conviction for DWI with a child passenger can also have serious consequences for your employment and your ability to obtain housing.
If you have been arrested for DWI with a child passenger, it is important to speak with an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you and develop a defense strategy.
Here are some things you can do to protect yourself if you have been arrested for DWI with a child passenger:
Being arrested for DWI with a child passenger is a serious matter. However, with the help of an experienced criminal defense attorney, you may be able to avoid the most serious penalties.
A driving while intoxicated (DWI) crime is usually a misdemeanor for a first offense, but a person can face felony charges when a child was a passenger at the time of an alleged DWI. When a passenger is under 15 years of age, DWI becomes a state jail felony.
A child passenger is an aggravating factor in a DWI case that a prosecutor is almost certainly going to use to argue for maximum punishment. Worse yet, certain cases could also involve the Texas Department of Family and Protective Services (DFPS) trying to remove a child from an alleged offender’s custody.
Were you or your loved one recently arrested for an alleged DWI with a child passenger in the greater Fort Worth area? These are serious criminal charges that you are not going to want to be handling on your own.
The Law Offices of Richard C. McConathy can fight to possibly get your criminal charges reduced or completely dismissed. We will provide a complete evaluation of your case as soon as you call (817) 422-5350 or contact us online to take advantage of a free consultation.
Driving while intoxicated (DWI) is a serious crime in Texas. It is defined as operating or driving a motor vehicle while intoxicated by alcohol or drugs.
In Texas, alcohol concentration is defined as the number of grams of alcohol per 210 liters of breath, 100 milliliters of blood, or 67 milliliters of urine. This is also commonly known as breath or blood alcohol concentration (BAC).
In Texas, a person is considered intoxicated when they no longer are able to use their normal mental or physical faculties from the consumption of alcohol, drugs, or a combination of both. Additionally, Texas law has a per se intoxication law, where an individual is considered intoxicated, no matter what, if their BAC level is 0.08 or higher. This per se law will automatically result in a DWI arrest if an individual blows or is tested at 0.08 or higher.
A motor vehicle is defined in Texas as something a person may use for transportation or something property may be transported in or on, except for devices that are used exclusively on stationary rails or tracks, such as railroads or metro rails.
DWI with child passenger is a more serious offense than a regular DWI. It occurs when a person is intoxicated while operating a motor vehicle and there is a passenger who is younger than 15 years of age in the vehicle.
If you have been arrested for DWI with child passenger, it is important to speak with an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you and develop a defense strategy.
Here are some things you can do to protect yourself if you have been arrested for DWI with child passenger:
Being arrested for DWI with child passenger is a serious matter. However, with the help of an experienced criminal defense attorney, you may be able to avoid the most serious penalties.
Texas Penal Code § 49.04 is the state DWI law that establishes that a person commits DWI if they are intoxicated while operating a motor vehicle in a public place. Under Texas Penal Code § 49.045, a person commits DWI with a child passenger when they are intoxicated while operating a motor vehicle in a public place and the vehicle they are operating is occupied by a passenger who is younger than 15 years of age.
Texas Penal Code § 49.01(2) defines intoxicated as a person either “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body,” or having an alcohol concentration of 0.08 or more. Under Texas Penal Code § 49.01(1), the alcohol concentration is defined as the number of grams of alcohol per 210 liters of breath, 100 milliliters of blood, or 67 milliliters of urine.
For a judge a jury in Texas to convict a person of DWI with a child passenger, they must find that a person, beyond a reasonable doubt:
As a state jail felony, DWI with a child passenger often carries much more serious consequences than traditional first DWI cases. Some of the possible penalties alleged offenders can face can include:
DWI with child passenger convictions can also lead to suspensions of driver’s licenses for up to 180 days. A person only has 15 days to request an Administrative License Revocation (ALR) Hearing to contest their suspension.
Some alleged offenders in DWI with child passenger cases are charged with the crime despite the fact that their passengers were actually older than 15 years of age. A mistake of age could result in a reduction of criminal charges.
You could also get your case completely thrown out if your arrest was the result of an improper stop by the arresting officer. It is also possible that errors in the administration of your tests or the maintenance of testing equipment could also lead to charges being dismissed.
Child Endangerment Drunk Driving Laws | Mothers Against Drunk Driving (MADD) — MADD is a 501(c)(3) nonprofit organization that has a mission to “end drunk driving, help fight drugged driving, support the victims of these violent crimes, and prevent underage drinking.” You can find MADD literature discussing states that impose additional penalties on motorists who allegedly drive drunk with child passengers. Texas is one of only seven states making this crime a felony offense.
Department of Family and Protective Services | Tarrant County — The Tarrant County Criminal District Attorney’s Office has attorneys assigned to represent DFPS for child protection cases in Tarrant County. When legal intervention is necessary, a petition is filed seeking to name DFPS as conservator of the child and a lawsuit remains pending for 12-18 months after DFPS is named a conservator of a child. Lawsuits may result in family reunification, relative placement, termination of parental rights, or permanent custody to DFPS.
If you or your loved one were arrested for an alleged DWI with a child passenger in Fort Worth or another area in Tarrant County, you cannot wait to get yourself legal representation. Contact a criminal defense attorney who has experience handling drunk driving cases.
The Law Offices of Richard C. McConathy has defended thousands of clients charged with all kinds of DWI offenses throughout Texas. Call (817) 422-5350 or contact us online to set up a free consultation.