Driving while intoxicated, also known as DWI, is a serious offense in Texas. The state has strict laws to discourage people from driving under the influence of alcohol or drugs, and the penalties for a DWI can be harsh. When someone drives while intoxicated with a child passenger, the penalties are even more severe. Texas law takes protecting children seriously, and those who put a child at risk by driving while intoxicated can face additional charges, higher fines, longer jail sentences, and other consequences. Understanding these penalties can help drivers make safer choices and avoid situations that could harm not only themselves but also their young passengers. At, Wilder Law Firm, we are here to guide you through the legal process and help you navigate the complexities of your case.
Texas Law on DWI with a Child Passenger
In Texas, the legal blood alcohol concentration, or BAC, limit for most drivers is 0.08 percent. This means that if a driver’s BAC is found to be 0.08 or higher, they can be charged with a DWI. When a driver is found to be under the influence while having a passenger under the age of 15 in the vehicle, they can face an even more serious charge. According to Texas law, it is a specific criminal offense to drive while intoxicated with a child passenger. This is considered child endangerment, which is a separate charge from a regular DWI. A person who is convicted of DWI with a child passenger faces harsher penalties because they are viewed as putting a child’s life and safety at risk.
Penalties for DWI with a Child Passenger
The penalties for a DWI in Texas can vary depending on factors like prior offenses, BAC level, and whether the DWI resulted in an accident. However, when a DWI involves a child passenger, the penalties are automatically more severe, even if it is a person’s first offense. If a person is convicted of a DWI with a child passenger, they may face fines, jail time, and the suspension of their driver’s license. The fines can reach up to $10,000, which is much higher than the fines for a regular DWI. In addition to the fine, the person may be required to pay court fees and other costs associated with their arrest and conviction.
Another consequence of a DWI with a child passenger is jail time. In Texas, this offense is classified as a felony, which means it is considered a serious crime. A person convicted of a felony DWI with a child passenger can be sentenced to up to two years in state jail. For someone who has never been arrested before, facing jail time can be frightening and life-changing. Being away from family, missing work, and losing income are all possible results of a jail sentence.
PROTECTING YOUR RIGHTS AND FUTURE 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. .
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License suspension is another common penalty for a DWI with a child passenger. In Texas, anyone convicted of a DWI may have their license suspended. For a DWI with a child passenger, the suspension period is often longer than it would be for a standard DWI. This means the person will not be able to drive legally for a certain period of time. Losing driving privileges can make it difficult for people to meet their daily responsibilities, such as getting to work, taking children to school, and running errands.
Additional Consequences Beyond Legal Penalties
A DWI with a child passenger can lead to consequences beyond fines, jail time, and license suspension. One of the most significant impacts is the effect on the driver’s criminal record. A felony conviction will remain on a person’s record and may affect their future. For example, having a felony on one’s record can make it harder to find a job, as some employers may be hesitant to hire someone with a criminal record. A felony conviction can also affect housing opportunities, as some landlords may be unwilling to rent to people with certain types of convictions. Additionally, if the person involved in the DWI with a child passenger is the parent or guardian of the child, they may face consequences related to their parental rights. In some cases, Child Protective Services, also known as CPS, may become involved. CPS has the authority to investigate cases where children are put in unsafe situations, including riding in a car with an intoxicated driver. If CPS determines that the child’s safety was at risk, they may take steps to ensure the child’s well-being, which could include placing the child with other family members or even removing them from the home temporarily.
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
How Texas Treats Repeat Offenders
For those who have been convicted of DWI before, the penalties for a DWI with a child passenger can be even greater. Texas takes repeat offenses seriously, and each additional conviction often results in harsher consequences. A person who has been convicted of a DWI with a child passenger multiple times may face longer jail sentences, higher fines, and longer periods of license suspension. They may also be required to attend DWI education programs or undergo alcohol treatment to help prevent future offenses. In some cases, a court may order the installation of an ignition interlock device in the person’s vehicle. This device requires the driver to blow into a breathalyzer before starting the car. If the device detects alcohol on the driver’s breath, the vehicle will not start.
Potential Defenses for DWI with a Child Passenger Charges
Being charged with a DWI with a child passenger does not automatically mean a person will be convicted. There are potential defenses that a person can raise to fight the charges. For instance, if the officer did not follow proper procedures during the arrest, the evidence gathered may be challenged. Another possible defense is questioning the accuracy of the BAC test. Breathalyzer tests are not always accurate and can sometimes show higher levels of alcohol due to various factors, such as certain medications or health conditions. A person charged with a DWI with a child passenger may also argue that they were not intoxicated at the time of the arrest, especially if they believe the evidence does not support the charge. In some cases, the attorney may negotiate with the prosecutor to have the charges reduced. For instance, they may be able to work out a plea deal where the DWI with a child passenger charge is reduced to a standard DWI, which carries lighter penalties. However, plea deals are not guaranteed, and the outcome depends on the circumstances of the case and the willingness of the prosecutor to negotiate.
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Why It Is Important to Seek Legal Help
Facing a DWI charge, especially one involving a child passenger, can be overwhelming. The penalties are serious, and the consequences of a conviction can affect a person’s life for many years. This is why it is crucial to seek legal help if charged with a DWI with a child passenger. A knowledgeable attorney can help explain the charges, answer questions, and provide guidance on how to proceed with the case. An attorney can examine the details of the arrest, review the evidence, and determine the best way to defend against the charges. They can also negotiate with the prosecutor and represent the person in court if the case goes to trial. For parents or guardians who are worried about the impact on their family, an attorney can provide support and advice to help them navigate this difficult time. Having an attorney by one’s side can make a significant difference in the outcome of the case and may help reduce the penalties that the person faces.
If you or someone you know is facing charges for DWI with a child passenger in Texas, you do not have to go through this alone. The legal team at Wilder Law Firm understands the challenges that come with these charges and is committed to helping clients understand their rights and options. With years of experience handling DWI cases, Wilder Law Firm can provide the guidance and support needed to work toward a favorable outcome. Do not let one mistake define your future. Reach out to Wilder Law Firm today for the assistance you need to protect your rights and secure a path forward.