DWI with Child Passenger Means Harsher Penalties

If you were arrested for DWI and a child passenger was in the car, you could end up with more serious charges and penalties than you would have received otherwise. According to the Texas law, (Texas Penal Code §49.045) it is a state jail felony to operate a vehicle while intoxicated when the vehicle is occupied by a passenger who is below the age of 15. DWIs are general charged as misdemeanors, unless the offender has a certain number of previous DWI convictions, has caused physical harm to others or has some other type of aggravating factor.

In Texas, a state jail felony is the least serious type of felony. It is punishable by confinement in state jail for a term of 180 days to two years, and by a fine of up to $10,000. In comparison, a first-time DWI offense (with no factors leading to charge enhancement) is considered a Class B misdemeanor if the offender's blood alcohol concentration (BAC) was below 0.15%, or a Class A misdemeanor if the BAC was 0.15% or higher. These individuals could be subject to possible confinement for a period ranging between 72 hours to a year and a maximum fine of either $2,000 (for Class B misdemeanor) or $4,000 (Class A misdemeanor).

According to data released in 2012 by the National Highway Traffic Safety Administration (NHTSA), 1,140 children age 14 and younger died in motor vehicle traffic accidents in 2011. Of the children who died in these accidents, 181 (or 16%) were killed in crashes that involved drunk drivers. Of the children killed in these drunk driving accidents, 91 children (of 50%) were actually in the vehicle of the drunk driver (specifically drivers who had BAC levels of 0.08% or higher). Additionally, there are many other children who are injured in drunk driving accidents each year.

Prosecutors take these statistics very seriously and are ready to come down hard on anyone who appears to put a child's life in danger. In some cases, they are so eager to bring heavy judgment, they fail to see when a defendant is being unfairly charged. Whether you were falsely accused of committing DWI with a child in the car or you just made a mistake, you will need a strong DWI defense attorney to represent you. You are not going to want to have a felony on your record, or worse, give government officials a reason to have your children taken away from you.

I am a Collin County DWI attorney who might be able to help you lower or eliminate your DWI charge, or help you get less harsh sentencing. Those who turn to my office, The Law Office of Troy P. Burleson, will receive the personalized attention and experience-based legal guidance they need for the proper handling of their cases. Contact my office to get the defense process started!