Being charged with DWI in Texas is a serious issue that requires tough and spirited defense. But there are occasions when a DWI charge is even more serious, and one of those is the charge of DWI with child. The reason it is more serious is because of the implications that are attached with those charges: longer jail time, stiffer penalties, and worse.
This is the lesson that a certain mother is learning after she was recently pulled over and arrested for DWI with child in West University Place. According to reports, the mother of two, six months pregnant, was home with her family when the children asked her to go on a drive. What started as a way to get out of the house ended in an arrest and booking at jail for this mother. The police approached what was described as a disabled vehicle and that is where they found the mother, and two children. The police then began an investigation, and soon suspected the mother of DWI. Now she is facing not only DWI charges, but the added seriousness of DWI with child.
DWI With Child in Texas
The offense of driving with a child passenger can be found in Texas Penal Code Section 48.045. It defines the offense as being intoxicated in a public place while operating a motor vehicle, and while there is at least one passenger younger than 15 in the car. It does not matter whether this is a first time offense or not, it is considered a state jail felony. Being a felony, it carries with it some of the most serious consequences in the criminal justice system.
Texas is unique because it has something called a state jail felony. In most states there are misdemeanors and felonies. Misdemeanors are the less serious crimes and offenses a person can commit, a speeding ticket for example. While felonies represent more serious crimes like arson, murder, and some forms of theft. But Texas has an additional category of offense, state jail felonies.
As far as felonies go, a state jail felony is the least serious kind in Texas. But they still carry very serious consequences. The penalties associated with a conviction of a state jail felony are a minimum of 180 days, and a maximum of two years in prison. That is in addition to a potential fine of $10,000. But there is another impact to the state jail felony of DWI with child, what it can do to a family’s life.
If a mother or father is convicted of a state jail felony, DWI with child for example, it could lead to two years in jail, which would lead to the children being taken away or placed somewhere else. This is simply not acceptable to most family’s situations, but what can a person do? First, hire the right legal team to defend the charges.
Defend Your Rights
At The Wilder DWI Defense Firm, we know what your case of DWI with child needs, and we can provide it. You need a vigorous and aggressive defense to give yourself the best outcome possible. If you are charged with DWI with child in Texas, contact us and we will give you a free evaluation of your case.
(image courtesy of MatthewRad)