By Jeff Kennedy
The state of Texas treats driving while intoxicated (DWI) arrests and convictions seriously. Even first-time DWI offenders can face some serious consequences and legal penalties, including jail time, fines, and a suspended license.
There are some additional complicating factors that can make a DWI charge even more severe. One of these is getting charged with a DWI with a child passenger.
If you’ve been charged with DWI with a child passenger, you need the help of an experienced DWI defense attorney in order to beat the charge and avoid the enhanced penalties that come with it.
DWI with Child Passengers in Texas Law
Anytime you drive a motor vehicle, you also owe a duty of care to any passengers who are traveling with you.
This also applies to child passengers, including those with any relation to you, such as your children or a niece or nephew.
Texas law prohibits you getting behind the wheel while intoxicated. This means if you get pulled over with a BAC (blood alcohol content) above .08, you would be considered legally intoxicated and, by extension, subject to a DWI arrest in Texas.
Just as the name suggests, people who get arrested for a DWI while transporting a child in their vehicle with them could be charged with the elevated charge of DWI with a child passenger.
The consequences for this crime are quite serious, and can include:
- A state jail felony sentence between 180 and 720 days
- A drivers license suspension of up to 180 days
- Fines up to $10,000
- Obligatory driving intervention course
- Installation of an ignition interlock device
In addition, you could face additional penalties, such as scrutiny from Child Protective Services that could even lead to your losing custody of your children.
Obviously, these are drastic measures that you will want to avoid if possible. If you’ve been arrested or charged, consult an experienced attorney as soon as possible.
Contact a DWI Lawyer Right Away
Arrested for DWI with a child passenger? An attorney from The Law Offices of Jeff C. Kennedy wants to help you do what’s possible to dismiss all DWI charges.
Call 817-605-1010 or fill out the form below to learn more.
