Consequences of a DWI with Child Passenger Conviction in Texas 

 Posted on May 05, 2023 in Criminal Defense

It is very important that anyone who is facing driving while intoxicated (DWI) charges in Texas understand the gravity of their situation. “Even” a first-time alleged impaired driving offender can be sentenced to harsh punishments and suffer collateral consequences ranging from job loss to being painted as an unfit parent in family court in the event of a conviction. Yet, it cannot be denied that some DWI charges are more serious than others. For example, anyone who is convicted of a DWI while transporting a minor under the age of 15 will risk consequences that are far more severe than they would be had a child not been in an alleged offender’s vehicle at the time of their arrest.

The Particulars of Texas Law

Texas Penal Code Sec. 49.045 classifies the act of operating a vehicle while intoxicated when a minor under the age of 15 is in the vehicle as a state jail felony. This means that anyone who is convicted of this charge risks the following sentencing terms:

• A term of incarceration in a state jail to last between 180 days and two years

• Fines not to exceed $10,000

• The loss of one’s driver’s license for up to 180 days

• Mandatory installation of an ignition interlock device once driving privileges have been restored (if applicable)

• A community service requirement of no more than 1,000 hours

• Mandatory participation in a DWI education program

In addition, an offender will be saddled with a criminal record which could make it far more difficult for them to secure employment and housing.

Schedule a Free Case Evaluation with a Skilled Collin County, TX Criminal Defense Lawyer to Learn More

If you have been accused of impaired driving while transporting a minor passenger in the state of Texas, the stakes of your legal situation are high. Thankfully, you do not need to navigate these circumstances on your own. The reputable Collin County, TX criminal defense lawyers at the Law Offices of Biederman & Burleson P.L.L.C. are ready to advocate aggressively on behalf of your rights and interests. Whether you are wholly innocent or have made a mistake, you deserve to present the strongest defense possible under the circumstances.

To learn about our approach to criminal defense representation, as well as your rights and options under Texas law, contact our firm today to schedule a confidential, pressure-free case evaluation at no cost. You can either submit a contact form on our website or call us at 469-333-3333 to get started. We look forward to assisting you.

Source:

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm