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DWI Involving Children

DWI With a Child Passenger Attorney Houston, TX

Understanding DWI with a Child Passenger in TX

In Texas, driving while intoxicated (DWI) with a child in the car is taken very seriously. Getting arrested for a DWI in Houston is bad enough. But if you had a child under 15 in the car, you're facing a state jail felony, not a misdemeanor. This can lead to jail time, hefty fines, and a driver's license suspension. Don't risk your future and your family's well-being.

Texas Definition of DWI with a Child Passenger

Texas Penal Code Section 49.045 defines DWI with a child passenger. You commit this offense if:

  • You are intoxicated while operating a motor vehicle in a public place.
  • There's a passenger younger than 15 years old in the vehicle you're driving.

Penalties in Texas for DWI Involving Children

A conviction can result in:

  • Up to 2 years in state jail
  • A fine of up to $10,000
  • Driver's license suspension up to 180 days
  • Additional fees and community service

Child Endangerment Charge in TX

DWI with a child passenger is a serious offense, and in some cases, it can lead to additional charges of child endangerment. This is a separate charge that can be added to a DWI with a child passenger case if the prosecution believes your actions put the child at significant risk.

Factors considered for child endangerment can include:

  • The child's age
  • Your level of intoxication
  • Whether there was an accident or dangerous driving involved
  • If the child was left unattended in a car with a drunk driver

A DWI with a child passenger automatically shows a disregard for the child's safety, making it easier for prosecutors to pursue child endangerment charges.

Here's Why You Need a Houston DWI Attorney

The stakes are high, so an aggressive defense is crucial. Fortunately, fighting a DWI with a child passenger charge is similar to fighting any DWI. An experienced Houston DWI lawyer can help you navigate this difficult situation.

The Law Offices of Jed Silverman Can Help

Our team understands that many first-time offenders simply made a mistake. Perhaps you had a drink at dinner and thought you were okay to drive. A parent in jail for 180 days creates hardship for the whole family. We can fight to get the charges dismissed.

How We Fight DWI with a Child Passenger Charges

  • Challenging the Stop: We can argue that the police lacked reasonable suspicion to pull you over or probable cause to arrest you. If so, the charges might be dropped.
  • Field Sobriety Tests: These tests are subjective and can be unreliable. We can challenge their validity in court, especially if factors like fatigue or medical conditions were present.
  • Questioning Blood/Breath Tests: Improper test administration or faulty equipment can lead to inaccurate results. We will scrutinize the test procedures to find any reason to challenge them.

Don't Face This Alone - Contact Us Today

At The Law Offices of Jed Silverman, we have over 20 years of experience defending DWI charges, including those involving a child passenger. We've seen how overzealous policing can lead to these situations, and we know how to fight back.

We may be able to get your charges dismissed by showing:

If you've been arrested for DWI with a child passenger, contact us today. We can fight for your rights and protect your future.

Contact our Houston offices today at (713) 597-2221.

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