Texas law takes driving while intoxicated (DWI) very seriously. While a first offense DWI is typically a misdemeanor, a conviction can still bring serious consequences. In some situations, even a first DWI can be a felony due to aggravating factors. One aggravating factor is having a passenger under the age of 15 in the car at the time of the DWI. In fact, this becomes a different offense of “driving while intoxicated with child passenger.”

When a police officer pulls you over, they can see if you have younger passengers, and this will immediately escalate the situation if the officer suspects you of driving while intoxicated. If you were arrested and charged with this DWI offense, you need an Austin DWI defense attorney on your side as soon as possible. 

Elements of DWI With a Child Passenger

Like every criminal offense, the prosecutor must prove every element of the crime beyond a reasonable doubt to obtain a conviction. The elements of DWI with a child passenger are as follows:

• Driving a motor vehicle – The prosecution must establish that you were operating a motor vehicle while under the influence of alcohol or drugs. This includes driving a car, truck, motorcycle, or any other vehicle that requires a driver’s license to operate.
• Intoxication – To prove DWI, the prosecution must demonstrate that your normal mental and physical faculties were impaired due to the consumption of alcohol or drugs. The legal threshold for intoxication in Texas is a blood alcohol concentration (BAC) of 0.08% or higher. It is lower for commercial drivers and underage drivers.
• Child passenger under 15 – The crucial element that distinguishes DWI with a child passenger from a regular DWI charge is the presence of a child under the age of 15 in the vehicle while you were intoxicated. The child must have been present in the vehicle at the time of the offense for this element to be satisfied.
• Knowledge of child passenger – The prosecution must prove that you knew or should have known that there was a child under the age of 15 in the vehicle. This element is crucial to establish your awareness of the risk you are exposing the child to by driving under the influence.
• Actual physical control – In some cases, you may be charged with DWI with a child passenger even if you were not actively driving the vehicle at the time of arrest. If you had actual physical control of the vehicle, such as being seated in the driver’s seat with access to the ignition, you could still be charged with DWI.

Prosecutors must prove all these elements beyond a reasonable doubt to secure a conviction for DWI with a child passenger. 

If charged with this offense, you need to seek legal representation from an experienced DWI defense attorney. A skilled lawyer can examine the evidence, challenge any weak points in the prosecution’s case, and work to protect your rights and interests throughout the legal process.

Possible Consequences of a Conviction

In Texas, DWI with a child passenger is a serious offense with severe consequences. Some penalties you might experience for a conviction include the following.

Felony Conviction

DWI with a child passenger is a state jail felony in Texas. A felony conviction carries significant weight and can have long-lasting consequences on your life, including limitations on employment opportunities, housing, and more. Under federal law, a felony conviction prohibits you from possessing a firearm.

Enhanced Fines

The fines for DWI with a child passenger are considerably higher than those for a regular DWI offense. Convicted individuals can face fines of up to $10,000, depending on the circumstances of the case.

Jail Time

A conviction for DWI with a child passenger can result in incarceration in a state jail facility for a period of up to two years. The presence of a child passenger elevates the seriousness of the offense and leads to longer potential jail sentences.

License Suspension

The driver’s license can be suspended for up to 180 days as a result of a DWI with a child passenger conviction. This suspension can severely impact the defendant’s ability to drive legally and lead to logistical challenges in daily life.

Ignition Interlock Device

After the license suspension period ends, the court may require the installation of an ignition interlock device on the defendant’s vehicle. This device requires the driver to pass a breathalyzer test before starting the car, ensuring they are not intoxicated while driving.

Permanent Criminal Record

A felony conviction for DWI with a child passenger results in a permanent criminal record. Having a felony on their record can hinder the defendant’s future opportunities and create barriers in various aspects of life.

Child Protective Services (CPS) Involvement

When a child is present in the vehicle during a DWI arrest, the Texas Department of Family and Protective Services (DFPS) may investigate the situation. Child Protective Services (CPS) may assess the child’s safety and well-being and may take appropriate actions to protect the child’s interests.

Impact on Custody and Family Matters

A DWI with a child passenger conviction can significantly impact child custody arrangements and family matters. Family courts may view the conviction as a factor when determining custody and visitation rights.

DWI with a child passenger is a serious offense that can have far-reaching consequences on your life and future. The best way to avoid these severe penalties is to avoid a conviction altogether. Your first step should be to speak with our DWI defense team.

How Our Austin DWI Defense Attorney Can Help

A defense lawyer can play a crucial role in protecting your rights and future. Facing any DWI charge can be an overwhelming and stressful experience, as it may lead to severe consequences, such as hefty fines, license suspension, and even imprisonment. However, hiring a skilled DWI defense lawyer can significantly improve the chances of a favorable outcome.

Our attorneys can review the details of the case, including evidence, police reports, and witness statements, to identify potential weaknesses in the prosecution’s case. Armed with this knowledge, we can develop a strong defense strategy tailored to the specific circumstances of your case. 

We seek ways to challenge the prosecution’s evidence that you were intoxicated and identify whether the police violated your constitutional rights in a manner that can help your defense. Our team works to minimize the consequences of your charges in any way possible.

If you are facing charges of DWI with a child passenger, you risk your future by not hiring the right lawyer. Contact the Law Office of David D. White, PLLC, in Austin for the assistance and representation you need.