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What to Know About DWI with a Child Passenger in Texas

 Posted on March 26, 2024 in Criminal Defense

Midland, TX DWI defense lawyerDriving While Intoxicated (DWI) is a serious offense, and when a child passenger is involved, the consequences can be even more severe. In Texas, having a child under the age of 15 in a vehicle while driving under the influence can lead to enhanced penalties and harsher repercussions for those convicted. If you were arrested for DWI and a child was in the car with you, you must take quick and aggressive action to protect your interests and, potentially, your freedom. This begins with hiring a high-powered criminal defense attorney to assist you in this very serious legal situation.

Here is What the Law Says in Texas

When a driver is charged with DWI in Texas with a child passenger, he or she may face charges under Texas Penal Code Section 49.045, which explicitly addresses DWI with a child passenger. This offense is considered a state jail felony, punishable by up to two years in jail and a fine of $10,000. In addition to these criminal penalties, the driver may also face the loss of his or her license for six months, alcohol education programs, and the installation of an ignition interlock device on any personal vehicles.

The presence of a child in the vehicle during a DWI incident can also lead to additional charges, such as child endangerment or child abuse, which carry their own set of penalties and consequences. These charges can result in further legal complications and may impact the driver’s ability to retain custody or visitation rights with the child.

What to Do if Facing DWI Charges in Texas

It is essential for those facing DWI charges in Texas with a child passenger to seek and obtain legal representation immediately. A knowledgeable DWI attorney can assist you in navigating the legal terrain surrounding a felony charge of this magnitude. In some cases, your attorney may be able to negotiate a plea bargain to reduce the charges or penalties you are facing. However, each case is unique, making it ever more important to have a knowledgeable advocate on your side to protect your rights and interests.   

Contact Our Austin, TX DWI Defense Attorney

Just because you were arrested for DWI with a child passenger does not mean you are automatically going to jail and that your life is over. However, you must take the situation seriously, and that starts with hiring an attorney. Contact the skilled Midland, TX DWI defense lawyers with Morales Law Office, Attorneys at Law, PLLC.. Call 512-474-2222 for a free consultation today.

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