DWI With Child Passenger Attorney in Friendswood, TX
Enduring a driving while intoxicated (DWI) charge can be an overwhelming and frustrating experience, especially if it becomes public knowledge or involves enhanced factors. For example, if you have a minor under 15 years old in the vehicle at the time of your arrest, that would be considered an aggravating factor that could lead to additional, harsher penalties. You should reach out to a Friendswood DWI with child passenger lawyer for help with your case.
At The Law Offices of Tad Nelson & Associates, we know how hard it can be to face DWI penalties, especially if there was a child passenger. A Friendswood DWI defense lawyer can help you better understand the state’s DWI with child passenger laws and assist you in developing a reliable defense strategy. The help of a Friendswood DWI with child passenger attorney during this ordeal can often be invaluable. At the very least, they can help you avoid mistakes.
Consequences of a DWI With Child Passenger Case
One thing you should be aware of is where your case will be handled. If your DWI occurs in Friendswood, the case will either be heard in Galveston County or Harris County District Court, depending on where in town you were arrested. Since a DWI with a child passenger is a felony, it won’t be heard in municipal court. There were over 85,000 DWI cases reported throughout the state in 2024 alone, so you need to prepare for a court that may not be sympathetic.
The potential consequences of a DWI conviction that involves a child passenger can reach far beyond legal penalties and affect your family directly. You will want a Friendswood criminal defense attorney to oversee your case and help you work toward a favorable outcome. DWI crashes caused over 1,000 deaths in 2024 throughout the state. It’s vital that you recognize and understand the consequences. Here are some of the most common penalties and consequences:
- State jail felony. Driving while intoxicated with a minor child younger than 15 years old is an automatic state jail felony in Texas. It doesn’t matter if this is your first, second, or third DWI offense. The presence of a minor changes things. In a state jail felony, you are looking at anywhere from 180 days to two years in a state jail, as well as a possible fine of up to $10,000.
- License suspension. A DWI charge will automatically result in a loss of your driver’s license, even before a conviction. If it’s your first offense, you’ll lose it for a year, but for subsequent offenses, you’ll lose it for two years. If you don’t request a hearing after receiving your suspension notice, the suspension will stand.
- Permanent felony record. One of the most socially devastating consequences of a DWI with child passenger conviction is the permanent felony record that comes with it. A felony conviction cannot be expunged in Texas, so your record will be permanently visible to landlords, employers, and law enforcement officials. It will affect multiple elements of your life for years to come.
- Child Protective Services (CPS) involvement. A DWI with child passenger charge will trigger an investigation from CPS. They will be legally required to investigate your home life, including your relationship with the child and any existing custody arrangements that may need to be revisited in court. If convicted, you may lose custody of your children and even visitation rights, depending on the details of your case.
It’s important to keep in mind that the child in question does not need to be in immediate danger for charges to be filed. Your DWI doesn’t need to cause an accident or hurt the child. Simply having a minor passenger in your car while you’re intoxicated will trigger the elevation to felony charges.
FAQs
What Is the Penalty for DWI With a Child Passenger in Texas?
The penalty for a DWI with a child passenger in Texas can include 180 days to two years in a state jail, a fine of up to $10,000, and a suspension of your driver’s license for 180 days. These are the standard penalties for a state jail felony. The court may impose additional penalties, such as probation, community service, an ignition interlock device in your car, and an investigation into your home life by CPS.
Can My First DWI Be Dismissed Even if There’s a Child in the Car?
Yes, your first offense DWI can be dismissed even if there was a child in your car, but doing so can be challenging. You shouldn’t base your entire legal strategy around pursuing this possibility. Your case will be charged as a state jail felony, not a misdemeanor, due to the child’s presence. A dismissal will rely on procedural errors, constitutional rights violations, or an illegal traffic stop. You should hire an experienced lawyer to find out what your options are.
What Is the Child Passenger Law in Texas?
Texas state law requires all children under 8 years old to be secured in a child safety seat in any passenger vehicle, unless that child is taller than 4-feet 9 inches. A violation of this law can result in a fine of up to $250. A DWI charge with a child passenger will result in an automatic state jail felony, regardless of whether or not this is your first offense. You will likely face child endangerment charges, too.
How Likely Is Jail Time for a DWI With a Child Passenger in Texas?
Jail time for a DWI with a child passenger conviction in Texas is highly likely. The state has a mandatory jail time penalty for such a conviction, as endangering a child in a DWI situation is a serious felony offense in Texas. A judge may see fit to grant you probation instead of the full sentence, but there is no guarantee you will have that option.
Hire a DWI With Child Passenger Lawyer
If you are looking at serious legal penalties for a DWI involving a child passenger, you should hire a DWI with child passenger lawyer to oversee your legal process and give you a chance to protect your own interests during this ordeal. At The Law Offices of Tad Nelson & Associates, we have over 30 years of experience assisting clients through their criminal defense cases, including multiple DWI situations. Contact us to learn more about how we can help you.