How Can a Lawyer Help Your DWI With a Child Passenger Case in Texas?

 Posted on July 08, 2020 in DWI

If you thought getting charged with a DWI was bad enough, consider the consequences of a DWI with a child passenger. Should you be accused of such a crime, even if it is the first time you have ever been accused of any crime, you could still face significant consequences, including substantial fines, jail time, probation, and other penalties, not to mention child endangerment allegations that could put your child’s custody in jeopardy. If you or someone you know is facing DWI with a minor passenger charge, hiring a skilled criminal defense attorney should be your first step in figuring out an effective defense strategy.

What an Attorney Can Do for You 

Many states across the country do not target child endangerment charges for DWI/DUI with a minor passenger as strictly as Texas. In fact, for years, only three states other than Texas made such a charge an automatic felony. So, if you have to tackle DWI with a child passenger charges, you might not only be charged with the DWI itself but also child endangerment, which could make the charges and punishments much more serious. That is why you need professional legal representation to help you with such charges.

As with many DWI cases, your lawyer will defend you by proving that evidence in support of the intoxication claims was improperly collected or the testing to prove intoxication was not entirely accurate, among other things. By finding flaws in the evidence, the collection of that evidence, the processes and procedures during the arrest, or even the treatment of you and your child during the chain of custody after the arrest, your defense attorney can help get the case dismissed, render a not guilty verdict, or at the least negotiate a less severe punishment. For instance, in using those and other DWI with a minor passenger defense strategies, your lawyer might be able to:

• Reduce your charges (from a felony to a misdemeanor)

• Reduce your penalties (less jail time, fewer fines)

• Disprove child endangerment allegations so that you maintain child custody

Also worth noting is the fact that the case for child endangerment becomes even more difficult to defend if your DWI with a child passenger resulted in a car accident. In those cases, the mere fact that your car was involved in an accident does endanger the safety of the child. However, if it is proven by your lawyer that you were not intoxicated at the time of the accident or the accident was not your fault, then you might obtain a more favorable result.

Contact a Fairview Criminal Defense Attorney

If police allege that you were driving while intoxicated with a minor passenger, it is imperative that you seek the legal assistance of a diligent and dedicated Frisco DWI defense lawyer right away. With a history of DWI case successes, the experienced team at the Law Offices of Biederman & Burleson P.L.L.C. can figure out the best defense strategies for your particular case to reduce or dismiss your charges altogether. Call us today at 469-333-3333 to schedule your free consultation.

Sources:
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4422181/
https://www.txdot.gov/inside-txdot/division/traffic/safety/sober-safe/intoxication.html
https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm