DWI with a Child Passenger Attorney Houston, TX
Defense for DWI Charges Involving Children in Houston
If you have been arrested for a DWI in Houston or the surrounding areas and there was a child passenger under the age of 15 in your car, you may face increased penalties. But, like all drunk driving charges, such charges can be challenged and the criminal consequences can be avoided.
In most cases, a first offense DWI in Texas is a misdemeanor. But there are factors that can increase the severity of any DWI charge. One of those is the presence in the car of a passenger under the age of 15. Under Texas law, driving while intoxicated with a child passenger under 15 is a state jail felony. If a parent is convicted and sent to jail, the entire family will suffer.
With this much at stake, it is critical for anyone facing DWI with a child passenger charges to put up an aggressive defense. Fortunately, fighting these charges is very much like fighting any DWI charge. If you are serious about defending yourself against these serious charges, enlist the help of an experienced Houston DWI lawyer.
Attorney Jed Silverman and our highly qualified staff understand that many alleged child-under-15 DWI offenders and other first-time offenders have never had contact with the criminal justice system and have no prior criminal record. We have seen many of these cases, where a family has gone out for dinner in Houston and Mom and Dad have had a glass or two of wine. A family whose parent is serving every day of a 180-day DWI sentence is going to suffer significant upheaval, causing unnecessary trauma for the children. Our team can put our skill and experience to work for you to seek a dismissal of these charges.
How to Fight DWI with a Child Passenger Charges in Texas
One of the first issues in any drunk driving case is whether the arresting officers had reasonable suspicion to pull the car over in the first place, or sufficient probable cause to make the arrest. If not, the charges can be dismissed.
If field sobriety tests were given at the scene, their reliability can be attacked in court. Tests like the walk-and-turn, one-leg stand and horizontal gaze nystagmus all depend on the subjective observations of the arresting officer. In addition, they fail to take into account factors like age, physical or medical condition, or fatigue, which can skew the results and result in an improper arrest.
Finally, the accuracy of blood or breath tests can be questioned. If the breathalyzer machine was not correctly calibrated prior to the test, or if the officer administering the test failed to follow the proper test protocol, the results can be inaccurate. A careful DWI defense lawyer will scrutinize the test record to find any basis for a challenge.
Involve Our Skilled Houston DWI Attorney
At the Law Offices of Jed Silverman, we defend people against a wide range of DWI charges, including charges for alleged drunk driving with a child in the car. These cases often come about due to overzealous policing and can be challenged like any DWI charges.
We may be able to poke holes in the prosecution's case by demonstrating such factors as:
- Lack of probable cause
- Lack of reasonable suspicion to pull the car over
- Illegal police checkpoints
- Improper use of breath test machines
- Faulty or poorly maintained equipment
- Improper execution of field sobriety tests
If you have been arrested for a DWI with a child passenger or any form of child endangerment, we can stand up for your rights. With more than 20 years of legal experience and 3,000 cases handled, our legal professionals stand ready to provide the best possible defense.
Contact our Houston offices today at (713) 597-2221.