Differences Between DWI & DWI With Child Passenger

 Posted on July 24, 2020 in DWI

What is the difference between DWI and DWI with a child passenger?

So the Texas Legislature has continually added additional and stricter DWI offenses. In 2003 they added DWI with a child passenger and they enhanced the punishment range on this offense from a traditional misdemeanor offense to a state jail facility offense. Now a state jail offense in the state of Texas is punishable by up to two years in the state jail facility, with a minimum confinement of 180 days and up to a ten thousand dollar fine. It's important to note with this offense that it doesn't matter if the child is a member of your family, it doesn't matter if anybody was hurt or injured, the allegation alone that you had a child under the age of 15 in your vehicle, and you were alleged to be intoxicated is enough to support this felony offense.

What are other complications involved with DWI with a child passenger?

So DWI with a child passenger is just a bad scene all around. We've certainly seen situations where somebody is drinking wine at lunch, there's a minor fender-bender, the police get called and all of a sudden you have a serious felony DWI charge. Even worse still depending on the jurisdiction, child endangerment charges may be filed against you; and even worse CPS or Child Protective Services may get involved. All these things could affect your future, your freedom, even your parental rights. DWI with a child pastor is such a serious charge that it's important to be aware of the issues in the law surrounding it.

What should I do if I've been arrested for DWI with a child passenger?

If you find yourself in a situation where you've been charged with a DWI with a child passenger, give us a call. We can help you. We have former DWI prosecutors at our firm that are very familiar with these kinds of cases and can get you the best possible outcome.