Myths About Texas Child Passenger DWI Cases

Being stopped for DWI is bad enough, but if you have a child under 15 in the vehicle with you, your day just gets a whole lot worse.

Having a child in the car while drunk driving will result in an enhancement, which means you are facing even stiffer penalties if convicted. In fact, there’s a good chance you’ll spend some time in jail.

There are many myths surrounding DWI with child passenger cases that we want to clear up. If you have questions, call Attorney Tad Nelson today at 281-280-0100.

Myth #1: You Must Be the Parent of the Child in the Car

This is a persistent myth. There is no requirement under Penal Code § 49.045 that the child is your child. All the law requires is that you have a passenger “who is younger than 15 years of age.” Any child in the car is enough to trigger a conviction under this statute if you are intoxicated.

Of course, it’s probably the case that most people convicted are parents whose children are in the car with them. But it’s not a legal requirement.

Myth #2: The Child Needs to Suffer an Injury for a Conviction

This is wrong! There is no requirement that the child suffers any injury. However, should a minor passenger get hurt, you are facing even worse charges—intoxication assault. As a third-degree felony, a conviction could net you a minimum of 2 years in prison.

Myth #3: You Can Easily Get These Charges Reduced

That’s not remotely true. A conviction for DWI with a child passenger is a state jail felony. By contrast, an arrest with a BAC over .15 is only a Class A misdemeanor. The higher sentence for having a child passenger shows that the state takes this type of offense very seriously. You can be a convicted felon even if you never got into an accident or caused injury to the child.

For this reason, prosecutors might hesitate to let you “plead down” to a misdemeanor offense, even if you have no prior DWI convictions. In any event, you shouldn’t expect a favorable deal.

Myth #4: You Have Nothing to Worry about if You Aren’t Convicted

That’s not really true. For example, you might be in the middle of a custody fight with your spouse. If so, you can be sure that this arrest for DWI with a child passenger will be brought up. It’s strong evidence that you are a danger to children and shouldn’t have custody as a result.

Even if you aren’t criminally convicted beyond a reasonable doubt, a judge might consider the arrest. Family court doesn’t require the same standard of proof as criminal court.

Arrested on DWI-related Criminal Charges in Houston?

Get the Facts from a Houston DWI Lawyer. Call Tad Nelson

If you are picked up for DWI, you need an aggressive advocate in your corner. Tad Nelson is a former prosecutor who handles Houston DWI cases on a regular basis. He’s seen every type of case imaginable, including those involving child passengers. If you need legal assistance, or if you have some concerns you’d like to discuss, please call our law firm today at 281-280-0100.