Understanding the Basics of DWI and Family Law in Texas
In Texas, a DWI is defined as operating a motor vehicle in a public place while intoxicated by alcohol, drugs, or a combination of substances. The legal limit for blood alcohol concentration (BAC) in Texas is 0.08 percent for drivers over the age of 21. A conviction for DWI carries penalties such as fines, license suspension, mandatory alcohol education programs, and potentially even jail time. However, the repercussions of a DWI extend well beyond the immediate legal penalties. In the context of family law, a DWI conviction can be a pivotal factor that influences a judge’s decisions regarding child custody and visitation rights. Texas family courts are guided by the principle of the “best interests of the child.” This standard is a multifaceted consideration that includes factors such as the emotional and physical needs of the child, the ability of each parent to care for and nurture the child, the stability of each parent’s home environment, and the moral and ethical standing of the parents. A DWI conviction raises concerns about a parent’s judgment, reliability, and commitment to making decisions that prioritize their child’s safety and well-being. Consequently, a DWI conviction can prompt the court to reconsider existing custody arrangements or deny a parent’s request for increased custody or visitation rights.
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Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023. .
Impact of a DWI on Child Custody and Visitation Rights
The impact of a DWI on child custody and visitation rights largely depends on the circumstances of the offense and whether it poses a direct threat to the child’s safety. If a parent is convicted of a DWI while their child is in the vehicle, this is particularly concerning for the court. In such cases, the court may view the parent as having demonstrated poor judgment and a lack of regard for the child’s safety. This could lead to a reduction in custody or visitation rights or even a complete loss of custody in extreme cases. Even if the child was not present during the DWI incident, the court may still take the conviction into account. The judge may question the parent’s ability to make sound decisions and prioritize the child’s welfare. A DWI conviction could result in a more stringent custody arrangement, supervised visitation, or mandatory participation in substance abuse programs before the parent is granted unsupervised access to their child. The court may also order periodic drug and alcohol testing to ensure that the parent remains sober and responsible.The Role of Repeated Offenses and Severity of the DWI
The severity of the DWI conviction and the presence of repeated offenses play a crucial role in determining the impact on child custody and family law cases. A first-time DWI offense may not have as severe consequences as multiple convictions or a conviction involving high levels of intoxication, accidents, or injuries. In cases where a parent has a history of repeated DWIs or other substance abuse issues, the court may decide that the parent is unfit to have custody or unsupervised visitation rights. Repeated offenses suggest a pattern of behavior that could endanger the child and indicate that the parent has not taken the necessary steps to address their issues with substance abuse. Texas courts may also consider the details surrounding the DWI incident. If the offense involved a high level of intoxication, reckless driving, or resulted in an accident or injury, these factors could further influence the court’s decision. The court may perceive such actions as a demonstration of the parent’s inability to prioritize their child’s safety and well-being, which could result in a more restrictive custody or visitation order.
Better call Doug!! Doug is the best lawyer you can find for DWI or DUI cases in Dallas. I read many reviews before choosing Doug for representing my case. Doug handled DWI and DUI cases for last 25 years, He has good relationships with DA office and is Well respected in the community. I have peace of mind with plea bargain today for my case. He also won other case filed on my license suspension. Amy (Paralegal) will help you through out the case. She is very persistent and detailed about the case details. You will never go wrong for chosing Doug. Goodluck. !!”
- Anil Lingutla
I was charged with a DWI and resisting arrest. Knowing Mr. Wilder previously, I went with the Wilder Law Firm to help me out. Their office was able to get my resisting charge thrown out and reduced my DWI charge for me. This result and lesser sentence allows me a better opportunity to recover from the mistake I made. I appreciate Megan being so kind and patient with me during my process. I would recommend her 10/10."
- Isaac Harrell
After being arrested for DUI, I contacted Doug Wilder upon recommendation. Mr. Wilder and his entire staff were amazing with their professional handling of my case from start to finish. Every time I rang with questions someone answered the phone, no long waits for a return call. This was important to me considering a DUI is so stressful. Mr. Wilder and his staff not only got my case dismissed but also guided me through the process and offered utmost care. I cannot thank them enough and highly recommend the Wilder Firm."
- JJ Canter