DWI with a Child Passenger

Any arrest for driving while intoxicated (DWI) is a serious matter, but there are additional circumstances that can add to your legal jeopardy. One example involves being arrested for DWI while you have a child passenger in the car with you.

This offense is governed by Texas Penal Code Section 49.045. If a driver commits the crime of driving while intoxicated with a passenger younger than 15 years of age in the vehicle, they are guilty of a state-jail felony.

The State has different ways to establish intoxication. The most common approach is to test your blood or breath and calculate the percentage of alcohol in your bloodstream. If you have a blood alcohol concentration (BAC) of .08 or higher, you are considered intoxicated according to the law.

In cases where these results are not available, the prosecution can still prove its case if it can show that your ability to drive safely was hampered by drugs or alcohol. This type of evidence is circumstantial and subjective, making it much more difficult for the State to secure a conviction. This type of evidence can include: poor judgment while driving, slurred speech, the odor of intoxicants, poor performance on the standardized field sobriety tests (SFSTs), open containers of alcohol in the vehicle, and difficulty following instructions.

Penalties for a Conviction

A conviction for DWI with a child passenger is treated as a state jail felony (even if you have no prior convictions on your record). A guilty verdict can lead to a maximum fine of $10,000, and you could serve between 180 days and two years in state jail.

Jail time and fines are only part of the penalties associated with this offense. The court could orders hundreads hours of community service, suspend your driving privileges, and require installing an ignition interlock device before you can get that license back.

There are also collateral consequences to consider. As a felon, you will lose your right to own a firearm and vote in most elections. One of the most serious collateral consequences relates to your custody rights. If you are involved in a custody dispute, these charges can have a harmful impact on your case.

Call Barton & Associates, Attorneys At Law, PLLC, Right Away

If you have been arrested under suspicion of DWI with a child passenger, it is crucial that you seek out legal counsel right away. The State will not delay in building a case against you, but your own attorney can help even the odds.

At Barton & Associates, Attorneys at Law, PLLC, we are proud to advocate on behalf of the accused. We will work tirelessly to help you secure a positive outcome in your case. Call today to learn more and get started.