What You Need to Know About DWI With a Child Passenger in Texas

 Posted on September 28, 2020 in DWI

When you get behind the wheel after having a few drinks, you generally understand the risks of doing so. While you may not be thinking about the risks at the time, you almost certainly realize that it is dangerous to drink and drive. You probably know that alcohol impairs both your mental and physical faculties, which increases your chances of being involved in an accident. There is also the danger of getting pulled over and arrested for driving while intoxicated (DWI)—the consequences of which can be quite severe.

Drinking and driving puts others on the road in danger, of course, but what about those in the car with the drunk driver? More importantly, what happens if there is a child riding in the car with a driver who has been drinking? Under Texas law, DWI with a child passenger is a serious criminal offense, and if you are convicted on such a charge, there is a good chance that you will go to jail.

Babysitter Faces Charges in Harris County

Earlier this month, deputies from Harris County Precinct 4 responded to a one-car crash in the 8400 block of FM 1960 Bypass Road in Humble. Upon their arrival just before 2 p.m., deputies say that the driver backed her car into a patrol vehicle as she attempted to flee the scene. The 33-year-old woman was apprehended, according to deputies, after which she failed field sobriety testing. The deputies also reportedly found an open alcoholic beverage in the woman’s car.

At the time of the accident, deputies say that the woman had a 6-year-old child in the car with her. She reportedly told deputies that she was babysitting the child. The woman was arrested on felony charges of driving while intoxicated with a child passenger, and the child was released to its parents at the scene. Court records indicate that the woman has at least one prior DWI conviction on her record.

Understand the Penalties

In the state of Texas, DWI with a passenger under the age of 15 is a state jail felony. A conviction could lead to a state jail sentence of 180 days to two years, along with up to $10,000 in fines and 1,000 hours of community service. If you are convicted of DWI with a child passenger, you will likely lose your driver’s license for six months and be ordered to complete a DWI education course. With a prior DWI history, the penalties could be even more severe.

Contact a Collin County Criminal Defense Attorney

If you are facing any type of DWI charge, including DWI with a child passenger, it is important to enlist the help of an experienced Frisco DWI defense lawyer. At the Law Offices of Biederman & Burleson, P.L.L.C., we have obtained more than 450 non-guilty verdicts for our clients, and we are ready to put our proven approach to work for you. Call us today at 469-333-3333 to schedule a free consultation.

Sources:
https://www.khou.com/article/news/crime/babysitter-accused-of-dwi-with-child-in-car/285-f0815471-9a28-4986-b440-cca11cc1fbbf
https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm