DWI With a Child Passenger Attorney
Serving Rockwall & Dallas, Texas

A Driving While Intoxicated (DWI) charge with a child passenger is a grave matter in Texas. It's not just about the legal implications; it's about your life, your freedom, and most importantly, your relationship with your child. When you're facing such a serious offense, understanding the intricacies of the law can make a significant difference in your defense strategy.

As the head attorney at The Law Office of Justin K. Hall P.C., I know how critical it is to have a robust defense strategy when you're facing charges of DWI with a child passenger. I'm here to help you navigate this challenging situation, and I want you to know that there are several defensive angles we can explore together. Reach out to me immediately if you are facing DWI charges in the Rockwall, Texas, area, as well as Dallas, Collin, Hunt, or Kaufman. 

Will DFPS Get Involved?

You might be wondering, "Will the Department of Family and Protective Services (DFPS) get involved if I'm arrested for DWI with my child in the car?" The answer is, they could. The DFPS is tasked with investigating allegations of child abuse and neglect. Understandably, driving under the influence with a child in your vehicle could be viewed as endangering the child's welfare, which falls within the realm of child abuse. 

But let me assure you, the DFPS's involvement doesn't necessarily mean your child will be taken from your home. They'll assess the situation considering factors such as your level of impairment, your child's age, and any previous history of child abuse or neglect. Their decisions will always prioritize the safety and best interests of the child. 

Possible Consequences

If you're convicted of a DWI with a child passenger in Texas, you might face severe repercussions. The penalties can vary based on the specifics of your case, such as your level of impairment and any previous DWI convictions. Some consequences could include:

• six months to two years in a state facility;

• fines up to $10,000;

• probation with conditions like attending a drug and alcohol education program; and

• regular check-ins with a probation officer. 

More severe penalties may apply if there are aggravating factors like serious injuries or death. Additionally, the involvement of the DFPS could lead to an investigation into allegations of child abuse or neglect, which could potentially result in the removal of your child from your home. 

Possible Defenses for DWI With Child Passenger

1. Challenge the evidence against you. This includes examining the results of any breath or blood tests you underwent. I'll assess whether proper procedures were followed during testing and if there were any errors or inaccuracies that could cast doubt on the reliability of the results. Remember, even the smallest error can make a significant difference in your case. 

2. Question the legality of the initial traffic stop. If there was no reasonable suspicion or probable cause for the stop, we might be able to challenge its legality. If we succeed, any evidence obtained thereafter, including evidence of intoxication, could be suppressed. 

3. Scrutinize the field sobriety tests. These tests are subjective and can be influenced by various factors, like weather conditions, physical impairments, or improper administration. I'll meticulously review how these tests were conducted to determine if any errors or inconsistencies occurred. 

4. Investigate alternative explanations for observed behaviors that may have led to the suspicion of intoxication. Factors such as fatigue, medical conditions, or even the behavior of the child passenger could be considered potential explanations. It's crucial to remember that not every erratic behavior equates to intoxication. 

5. Establishing a lack of impairment. Depending on your case's specifics, it might be possible to present evidence that challenges the prosecution's claim of impairment. This could involve presenting witnesses, expert testimony, or other evidence that supports the argument that you were not intoxicated while operating the vehicle. 

Every case is unique, and the best defense approach will depend on the individual circumstances and available evidence. That's why it's so crucial to consult with an experienced DWI defense attorney like me who can assess your case's specific details and develop a tailored defense strategy. I'm here to protect your rights and help you fight for the best possible outcome.