DWI With Child Passenger Attorney in League City, TX
If you are facing driving while intoxicated (DWI) charges, you should seriously consider hiring an experienced DWI lawyer. This is especially true if you are facing DWI charges on top of child endangerment charges due to a minor child being in the car at the time of your arrest. Not only will the presence of a minor elevate the charge to a felony, but you could face severe additional penalties. You should contact a League City DWI with child passenger lawyer.
The legal team at The Law Offices of Tad Nelson & Associates knows how hard it can be to defend yourself in a DWI with child passenger case. A League City DWI defense lawyer can help you better understand the state’s DWI with child passenger laws and what you can do to build a defense strategy. Enlisting the help of a League City DWI with child passenger attorney can end up being the smartest decision you make throughout your entire case.
The Penalties of a DWI With Child Passenger Conviction
The location of your case will be determined by where exactly in League City you are arrested. If you are arrested in Galveston County, the case will be held in a Galveston County District Court. If you are arrested in Harris County, the case will be held in a Harris County District Court, and you will need the services of a League City criminal defense attorney.
Recent data from the Department of Family and Protective Services shows 13 child fatalities in 2024 that involved a vehicle. The court takes child endangerment cases quite seriously.
It’s important that you understand just how far the consequences and penalties of a DWI with child passenger conviction can reach. The state saw over 85,000 DWI cases reported in 2024, so it’s entirely possible that the court may already be unsympathetic to your plight. You need to be able to defend your actions, challenge the prosecution’s case, and focus on not being emotional. Here are some of the most realistic and possible penalties you could receive if your case fails:
- Serious jail time. A DWI with a minor child under 15 years old in the car is an automatic state jail felony in Texas. This means that if convicted, you could be looking at up to two years in jail with a minimum of 180 days, as well as a fine of up to $10,000. It doesn’t matter if this is your first DWI offense or not. The child’s presence makes this a much worse situation for you.
- Loss of driver’s license. The most common penalty for any kind of DWI conviction is the temporary loss of your driver’s license. For a first offense DWI, you will lose it for a year. For a second or third offense DWI, you will lose it for two years. You need to request a formal hearing to try to negotiate your license’s return, and there’s no guarantee that you will succeed.
- Criminal record. A conviction for a DWI with child passenger will result in a permanent criminal record that will stay with you for life. Felony convictions, especially DWIs, cannot be expunged or sealed in Texas. Every potential employer, landlord, and public official who seeks it out can see your criminal record. This will impact your housing, career, and relationships for the rest of your life.
- Custody issues. Arguably, the most consequential penalty you could face for a DWI with child passenger conviction is a loss of custody or termination of visitation rights. Not only will you face DWI charges, but you will also face child endangerment charges, and that will trigger the involvement of Child Protective Services (CPS). The last thing you want is to end up losing your children over this. Hire a lawyer immediately.
FAQs
Will I Go to Jail for a Child Endangerment Conviction?
Yes, you could go to jail for a child endangerment conviction, which is a very real possibility in a DWI with child passenger case. In Texas, child endangerment is a very serious crime and is classified as a state jail felony. In more severe cases involving abandonment or serious injury, you could serve decades in prison. Your lawyer may be able to claim that you did not act with reckless negligence, but that can be hard with a DWI charge.
Can I Drink Alcohol if I’m in the Passenger Seat?
No, you cannot drink alcohol in a vehicle even if you are in the passenger seat. It is illegal for anyone to drink alcohol or even have an open container in a vehicle on a public highway. This applies to cars, trucks, and buses, regardless of whether or not the vehicle is moving or parked. If there is a child in the car, you will face felony charges. The child doesn’t even need to be in actual danger or even hurt. They just have to be present.
Can I Lose Custody of My Children Over This?
Yes, it’s possible that you could lose custody of your children if you are Child Protective Services (CPS). If you are divorced or sharing custody with the other parent, they may be able to use this whole ordeal to change custody and visitation in their favor. Your lawyer can work hard to succeed in your case, and you may need to deal with additional legal issues from CPS.
Do I Need to Hire a Defense Lawyer?
Yes, you need to hire a defense lawyer. The penalties you could face if convicted may be devastating. You could go to prison, pay thousands in fines, struggle with a criminal record, and even lose custody of your children. A lawyer’s help can potentially protect you from those penalties by giving you a sound defense strategy and challenging the prosecution’s case in multiple ways. Don’t give up. You always have a chance.
Hire a DWI With Child Passenger Lawyer Quickly
The last thing you want to do in this situation is fail to hire a DWI with child passenger lawyer. A good lawyer can make all the difference. At The Law Offices of Tad Nelson & Associates, we have spent 35 years defending our clients’ rights and giving them a fair chance against criminal charges. Contact us to speak with someone on our team who can help you.