DWI with a Child Passenger in TX

Consequences of a DWI with a Child in the Car

Public advocacy group Mothers Against Drunk Driving (MADD) reports that more than half of all children who are killed in DWI collisions are riding in the vehicle driven by the drunk driver. In an effort to protect the children of Dallas and the rest of Texas, state law imposes tough penalties for the offense of driving while intoxicated with a child passenger.

Most states throughout the nation simply provide a sentence enhancement for this offense, but Texas is one of a few states that have a separate statute. Texas Penal Code §49.045 "Driving while Intoxicated with Child Passenger" makes it a state jail felony for a drunk driver to have a passenger younger than the age of 15 in the vehicle at the time of the DWI offense.

Penalties for DWI with Child Passenger in Dallas

If you are convicted of DWI with a child passenger, you can be sentenced to spend up to two years in state jail. You may be sentenced to probation instead of jail time, but throughout the period of your probation - which could last for several years - you will be at risk of being sent to jail for any type of probation violation. In addition to imprisonment, your sentence can include a fine of up to $10,000. Further, you may be subjected to a driver's license suspension lasting for as long as 180 days.

Possible CPS Removal After DWI with Child Passenger

Another aspect of the possible consequences of an arrest for DWI with a child passenger is that the police department or the prosecutor may move to notify the Child Protective Services Division of the Texas Department of Family and Protective Services. This does not occur in all criminal defense cases, but when it does it may lead to an investigation for neglect and a possible removal of your child from your home. You have far too much at stake for you to be able to afford taking any chances with the outcome of your case.

Come to the Mathur Law Offices, P.C., for a confidential case evaluation so that we can discuss your legal options and begin working on a strategy for defending your legal rights!