Fighting your DWI with a Child Allegation

Facing any DWI charge in Texas can be overwhelming, but when there is a child in the car, the potential penalties are more severe. Even if this is your first arrest, you are facing a felony charge, and that can be life-altering. Now is not the time to give up and feel all is lost. Now is the time to hire a lawyer who will advise you on the necessary steps to take to protect your future and fight the charges.

When you hire the Wilder Law Firm, you will be putting more than 25 years of experience with Texas misdemeanor and felony DWIs in your corner. We have the skill, knowledge, and tenacity you need during this most difficult time. As we start perfecting your defense, we will also be advising you on steps you need to take to put yourself in the best possible position going forward. We are a proactive law firm who knows how to defend and win. Contact us now at 469-551-8609 so we can start defending you today.

What is DWI With a Child Passenger?

DWI with a child passenger is defined in Texas Penal Code Chapter 49 Section 49.045. According to the statute, a person can be charged with this crime if:

  • They operate a motor vehicle in a public place while intoxicated; and 
  • There is a passenger in the vehicle who is younger than 15 years old.

You could face a DWI with a child passenger charge even if there is no accident or if the child passenger is not physically injured. If the state can prove both of the elements listed above, they can convict you of DWI with a child passenger. 

You Need Our Dedication and Skill Defending You

At the Wilder Law Firm, we are dedicated to creating the most effective defenses for you and your DWI with a child passenger charge. We have aggressively and successfully fought these allegations for decades and know how to investigate and build defenses that work. Additionally, a careful and thorough investigation will be conducted in an attempt to expose weaknesses in the prosecution’s case. This process is started by carefully reviewing: 

  • Legality of the stop.
  • Sobriety testing issues.
  • Blood/breath testing issues.
  • What is normal – for You.
  • Police conduct.
  • Better safe than sorry, there was a child in the car.

This is not an all inclusive list of what will be investigated. All aspects of your case will be thoroughly reviewed.

Legality of the Stop

The police do not have the right to stop you just to see what’s going on. They must witness a traffic violation or other illegal activity (drinking a beer while driving) in order to legally pull you over. This is called “reasonable suspicion” and it is necessary in order for the police to legally stop you. I will review the facts of your case to determine if the police had a legal basis to stop you, and if not, how we go about fighting that.

Sobriety Testing Issues

There are many issues to investigate when it comes to the sobriety tests (or coordination exercises) the police will ask you to perform. Lack of natural coordination can cause an officer to inaccurately determine that any difficulty observed was solely caused by alcohol. Wind, temperature, shoes with heels, road surface, how you handle stress and pressure, and moving traffic are just some of the factors that can all play a role in how “perfectly” a person will perform on these tests. 

The sobriety tests only identify impairment according to the police. This means that anything other than perfection on any test will have to be caused by alcohol, and that is just not true. Further, if you do perform perfectly on any given test, the police will not take that as a sign of sobriety. That does not seem fair, but that is how the police are trained. It is knowing the intricacies of their training that can make for a successful cross examination.

Blood/Breath Testing Issues

Far too many people just look at the sheet of paper with the alcohol results on it to determine how to proceed with a case. We do not stop there. A number is just a number. It is how the State came to get that number that matters. A blood warrant that was improperly granted can cause the results to be inadmissible. There is protocol to follow in testing procedures and all of them will be investigated. Anything that was done improperly in the entire process to obtain the alcohol concentration could affect the admissibility and believability of the results.

What is Normal – for You

Determining what should be normal for any given person if they were to be investigated for DWI is not easy. The police expect you to be able to handle this stressful situation without any difficulty and expect perfection. I know that perfection and normal do not always go hand in hand, and it is what is normal for you that matters to me. A person who does not handle stress and pressure well will have more natural difficulty in this situation than others, yet still be normal.

Police Conduct

Although having nothing to do with how much alcohol you may have consumed or what is normal for you, how the police conduct themselves plays a role in how the evidence in your case will be viewed. An incompetent police officer makes your case more defendable. Police errors and/or an officer not paying attention to detail makes your case more defendable.  

Better Safe Than Sorry – There Was a Child in the Car

It can be more difficult for a police officer to let someone go after consuming alcohol and driving with a child in the car. At times, an officer will arrest someone under the theory of “better safe than sorry” even though the person passes all the sobriety testing. You can pass a sobriety test yet still exhibit “a” sign of intoxication. When it comes to DWI with a child, any signs of intoxication could prevent an officer from letting you go, yet not prove you were intoxicated.

Effectively defending someone accused of DWI with a child can be very complex. There are so many aspects to an investigation, and successfully defending someone takes a lot of time and attention to detail. We will give you the time and attention that you and your case needs.

Penalties for DWI With a Child

Standard Penalties (State Jail Felony):

  • Probation from 2 – 5 years; or
  • A prison sentence of 180 days to 2-years.
  • A Court fine of up to $10,000.
  • A State “Super Fine” from $3,000 – $6,000 in addition to any Court fine assessed.
  • Community service – up to 1,000 hours.
  • DWI education classes.
  • Mandatory Ignition Interlock device on any vehicle you drive.

Additional penalties:

  • A permanent Felony criminal record
  • Potential suspension of your driver license
  • Increased auto insurance rates
  • Issues getting or keeping certain professional licenses
  • Issues getting or keeping certain jobs
  • Issues furthering your education
  • Child custody issues
  • Immigration issues

Our Top Priority is Protecting You

When you hire The Wilder Law Firm, you are hiring an extremely competent team that has more than 25 years of experience working with DWI and DWI with a child cases. We are a dedicated team of professionals who are meticulous in our preparation and will ensure everything is done to put you in the best possible position for the most favorable outcome. Contact us at 469-551-8609 so we can start defending you today.

Free Case Evaluation

We are passionate and determined about what we do, and we fight for our clients. If you’ve found yourself or a loved one in trouble, don’t give up hope. We have a criminal defense attorney who can help.


©2022 Wilder Law Firm - All Rights Reserved
Privacy Policy