How Does DWI with a Child Passenger Impact Penalties and Defenses?
Driving While Intoxicated (DWI) is a serious offense, and when a child is present in the vehicle, the consequences can be even more severe. Texas law has strict penalties for individuals who are caught driving under the influence with a child passenger, recognizing the heightened danger such actions pose to the child’s safety.
If you’re facing a DWI charge with a child passenger, it’s important to understand the implications for both penalties and possible defenses.
At The Law Office of Justin K. Hall P.C., I assist individuals in Rockwall, Texas, and the surrounding areas, including Dallas County, Collin County, Hunt County, and Kaufman County. My firm specializes in DWI defense and is committed to helping you work through the legal process and explore the best options available for your case.
Penalties for DWI With a Child Passenger
When a person is arrested for DWI with a child passenger, they may face harsher penalties than if there were no child involved. Texas law treats driving under the influence with a child passenger as a more serious offense, with penalties that can include both criminal and civil consequences. Below are the primary penalties for a DWI charge with a child passenger:
State jail felony charge: In Texas, DWI with a child passenger is classified as a state jail felony. This means that if convicted, you could face a jail sentence of 180 days to two years in a state jail facility.
Fines: Convictions for DWI with a child passenger can result in fines up to $10,000.
Child protective services involvement: When a child's safety is at risk, child protective services may become involved, particularly if there are concerns about the child's well-being or potential harm. This involvement could lead to the child being removed from the home.
Mandatory alcohol education or counseling: Those convicted of a DWI with a child passenger may be required to attend an alcohol education program or counseling, further adding to the costs and repercussions of the conviction.
Probation: In some cases, probation may be an option, but it is generally more difficult to obtain probation for a felony DWI charge. Probation terms may include strict supervision, drug and alcohol testing, and community service.
The penalties associated with a DWI involving a child passenger are serious and can have long-lasting effects, not just on your freedom, but also on your family life. Understanding the law and working with a skilled DWI defense attorney can help you work through these challenges.
The Impact of Having a Child Passenger on Your Case
Having a child passenger in the vehicle during a DWI arrest significantly impacts your case. Not only does it elevate the offense from a misdemeanor to a felony, but it can also affect the way the court views the case. Courts may impose harsher penalties due to the aggravating factor of child endangerment.
Here are some key aspects to consider:
Severity of the charge: As mentioned, a DWI with a child passenger is classified as a state jail felony in Texas, which carries more severe penalties than a regular DWI charge.
Family law consequences: If you are a parent or guardian, a DWI charge with a child passenger may have ramifications in family law matters, such as child custody or visitation rights. Courts may consider the charge as evidence of potential parental unfitness, affecting decisions about your ability to care for your child.
Public perception: DWI offenses involving children can impact how others perceive you, particularly regarding your responsibility and parenting capabilities. Such convictions can harm your reputation and result in long-term personal and professional repercussions.
Because of these heightened consequences, it’s essential to approach a DWI charge with a child passenger carefully. With the right legal counsel, you can explore your DWI defense options and work toward the best possible outcome.
Common Defenses for DWI With a Child Passenger
While DWI with a child passenger is a serious charge, there are defenses that may be available depending on the facts of your case. An experienced DWI defense attorney can help you determine the best approach based on your situation. Below are some common defenses used in DWI cases that involve a child passenger:
Challenging the traffic stop: If the police officer did not have a valid reason for pulling you over, your attorney may be able to challenge the legality of the stop. If the stop is found to be unconstitutional, any evidence obtained after the stop, including the DWI charge, could be inadmissible in court.
Questioning the sobriety test results: Standardized field sobriety tests and breathalyzer tests are not foolproof. Factors such as medical conditions, improper administration of tests, or equipment malfunctions can affect the accuracy of test results. A defense attorney can challenge the validity of these tests to reduce the strength of the evidence against you.
Lack of probable cause: In DWI cases, officers must have probable cause to arrest you. If there was no reasonable suspicion or probable cause for your arrest, your attorney may argue that the arrest was unlawful, which could result in a case dismissal.
Questioning the child passenger’s presence: In some cases, a child may not be legally classified as a "passenger" due to circumstances like not being properly secured or not being in the vehicle during the offense. When this happens, the felony charge could be reduced.
While these defenses do not guarantee that the case will be dismissed or that a not-guilty verdict will be reached, they can help to lessen the charges or lead to a more favorable outcome. Working with a skilled DWI defense attorney is crucial to building the strongest defense possible.
Reach Out to Discuss Your DWI Case
If you’re facing a DWI charge with a child passenger, contact my firm, The Law Office of Justin K. Hall P.C., today. I understand the serious nature of these charges and am committed to providing strong, effective legal representation. I assist clients in Rockwall, Texas, as well as Dallas County, Collin County, Hunt County, and Kaufman County. Reach out to discuss your case and explore your DWI defense options.