Driving while intoxicated (DWI), which is also known as driving under the influence (DUI), can result in very serious criminal and civil penalties. If you are charged with DWI with a minor or child passenger in your car, the repercussions can be even more detrimental. This can be considered a form of child endangerment or abuse and could possibly result in the Texas Department of Family and Protective Services removing the child from your custody.
Additional penalties an individual could face if convicted of this felony offense can include an inability to receive certain types of government assistance, loss of an ability to vote or hold public office, loss of the right to own or possess a gun, ineligibility to pursue certain professions, and/or a possible criminal record.
Warning: If you have failed a blood or breath intoxication test for DWI, you only have 15 days to request an administrative license suspension to get your license back.
DWI with Child Passenger Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX
If you have been charged for DUI with a child passenger, contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Your charges will be combated by a highly experienced defense attorney and trial veteran.
Driving While Intoxicated (DWI) in Dallas
According to section 49.04 of the Texas Penal Code, driving while intoxicated offense could occur if an individual operates or drives a motor vehicle on a public road while they are intoxicated from the use of alcohol or drugs.
Alcohol concentration is defined in Texas as the number of grams of alcohol per 210 liters of breath, 100 milliliters of blood, or 67 milliliters of urine. This is also commonly known as breath or blood alcohol concentration (BAC).
According to Texas law, an individual is considered intoxicated when they no longer are able to use their normal mental or physical faculties from the consumption of alcohol, drugs, or a combination of both. Additionally, Texas law has a per se intoxication law, where an individual is considered intoxicated, no matter what, if their alcohol concentration level is .08 or higher. This per se law will automatically result in a DWI arrest if an individual blows or is tested at .08 or higher.
An individual’s normal mental or physical faculties are things a person can do on an everyday basis with little to no thought. These often include breathing, walking, talking, and being able to balance.
A motor vehicle is defined in Texas as something a person may use for transportation or something property may be transported in or on, except for devices that are used exclusively on stationary rails or tracks, such as railroads or metro rails.
Dallas DWI with Child Passenger
Under the Texas Penal Code § 49.045, if an individual operates a motor vehicle while intoxicated on a public road with a child passenger who is under the age of 15, they can be charged DWI with a Child Passenger in Texas. This offense is punishable as a state jail penalty.
Penalties for a DWI with a Passenger
Chapter 12 of the Texas Penal Code defines the statutory penalties for a DWI offense with a child passenger. An individual who has been charged with this offense could face a minimum mandatory jail sentence of 180 days up to two years and/or a fine up to $10,000.
Additional punishments for a conviction could include any of the following:
- Installation of an ignition interlock device,
- Community service up to 1,000 hours for a felony offense,
- Probation or community supervision,
- Completion of an approved alcohol or drug education course,
- Requirements to attend an approved alcohol or drug education program,
- DWI school or repeat offender DWI school,
- Court costs, and/or
- Any additional fees are required by the court.
These penalties can vary depending on the alleged offender’s alcohol concentration level, whether the offender has previously been charged with a criminal DWI offense, and whether the alleged offender is considered a habitual offender.
Dallas Resources for DWI with Minor Passenger
Texas Constitution and Statutes – DWI with Child Passenger – This link is to chapter 49 of the Texas Penal Code, which includes intoxication and alcoholic beverage offenses in the state, including driving while intoxicated with a child passenger in Texas and the possible penalties that could arise from a conviction.
Dallas County District Clerk – This link provides individuals access to their criminal records and criminal case information, miscellaneous court information, and resources about the justice system throughout Dallas County. The Criminal District Courthouse is located at:
Frank Crowley Criminal Building133 N. Riverfront Blvd.
Dallas, Texas 75207
Phone: (214) 653-5960
Tarrant County District Clerk – This link allows individuals to access to their criminal records and felony criminal case information, miscellaneous court information, and resources about the justice system throughout Tarrant County. The criminal courts are located at:
Tim Curry Criminal Justice Center401 W. Belknap
Fort Worth, Texas 76196
Phone: (817) 884-1342
Find A Dallas County Defense Attorney for DWI with Child Passenger Charges | Law Offices of Richard C. McConathy
Contact Law Offices of Richard C. McConathy today for a consultation about your DWI with a child passenger offense in Dallas, Fort Worth, Denton, Irving, Richardson, McKinney, Arlington, Carrollton, and the surrounding communities. Richard McConathy is an experienced Dallas DUI defense attorney who will make every effort to help you achieve the best possible outcome for your particular situation.
Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas.