Defending DWI with a Minor Passenger in Bexar County

Are you facing charges related to driving while intoxicated (DWI) with a child in Bexar County? Unfortunately, a first time DWI would be a misdemeanor, but a DWI with a child passenger is automatically classified as a felony.  This means harsh penalties, jail time and fines. 

I am a qualified Criminal Defense Attorney with the experience you need to build a defense, and i have helped many others with similar charge involving children. I know the local court system, prosecutors, and the law.

As a DWI lawyer, I have a successful track record of dismissals and reduction of charges for Felony charges. Keep in mind that nothing is guaranteed, and the case will have many variables, but with our experience and trial skills, we can help you avoid the worst. 

Increase the odds in your favor.  Give me a call today for a FREE case review. 

Why DWI With A Child Passenger Is A Felony in Texas

Under Texas law, a person is legally intoxicated if their blood alcohol concentration (BAC) is 0.08 or higher. You can also be charged with a DWI if alcohol or drugs have impaired your mental or physical faculties, regardless of the actual BAC level or any other test.

When you are charged with a DWI with a child passenger, the penalties are enhanced when compared to a regular DWI. The child being present during the DWI endangers the safety and well-being of the minor. This is why Texas state has classified this charge as a felony.

When a child is present in the vehicle, the offense will carry enhanced charges, sometimes including child endangerment. Prosecutors often pursue additional charges if evidence suggests that the child was at risk of harm, which will lead to harsher penalties.

DWI or DUI with Child Passenger Defined

In Texas, Texas Penal Code Section 49.045, a DWI with Child passenger is defined as anyone who is intoxicated while operating a motor vehicle, and that vehicle has a passenger under the age of 15.

In the state of Texas, your crime is classified as a State Jail felony, along with the following consequences:

• DWI with a Child Passenger
  • Charge: State Jail Felony
  • Fine: Up to $10,000
  • Jail Time: 180 days to 2 years in state jail
  • License Suspension: 90 days to 2 years

Additional Penalties: 

• Ignition Interlock Device (IID): Installation of an IID may be mandated to prevent further offenses.
• Alcohol or Drug Treatment Programs: Enrollment in a rehabilitation program may be required as part of the sentence.
• Community Service: Offenders may be ordered to complete up to 1,000 hours of community service.
• Probation: In addition to any jail time, probation may be imposed with strict conditions.

What Happens After A Conviction

If you are found guilty, and are convicted of this crime, you will want to take these limitations and factors into consideration:

• Surcharges and Additional Fees: Additional surcharges that add to the overall cost of the conviction.
• Loss of Voting Privileges: A conviction can result in a temporary or permanent loss of your right to vote.
• Ineligibility for Government Assistance Programs: Some public assistance programs will likely become inaccessible.
• Firearm Restrictions: prohibited from owning or possessing firearms.
• Child Custody and Visitation Issues: Challenges in keeping or obtaining custody, including  restrictions on visitation rights.
• Employment Challenges: A criminal record will cause you to miss employment opportunities, particularly in professions that require a high degree of trust and responsibility.

Child Endangerment Charges

In Bexar County, a prosecutor may file additional charges related to child endangerment for this crime. They will argue the child is unsafe due to the crime that took place. Furthermore, the CPS may intervene, which can lead to a temporary or permanent removal of a child from their home.

Conclusion: Avoid A Conviction

A DWI with a child passenger in Texas is going to put allot more than your freedom at risk. It’s also putting your child at risk, including many other penalties and long-term consequences ranging from state jail, significant fines,  additional child endangerment charges, and collateral impacts on personal rights and employment. The result of a conviction is extensive.

What You Can Expect When We Defend You

If you want help fighting back to avoid the worst of this crime, contact us today and put a knowledgeable and skilled defense attorney on your case. The consultations are free, and you can schedule anytime.

During a free initial consultation where we assess your situation, we will help you understand your rights, and legal options. We will also review how our DWI attorney, and legal team conducts:

• Thorough review of evidence
• Advocates vigorously for your rights
• Negotiates with prosecution
• Pursue plea bargains,
• Trial representation.

Free Case Review With Christopher Castro Today

If you are under investigation for DWI with a minor in your car, do not handle the case on your own. Call us today for a case review. We are equipped with the knowledge and resources necessary to defend you.  To discuss your case, call (210) 794-8735 or fill out our contact form.