In a father’s nightmare and most likely embarrassing situation, a Corpus Christi father was recently pulled over and arrested on suspicion of DWI. What made the situation worse than a typical DWI, however, was the fact his child was with him. Police officers are notorious for not giving any compassion when it comes to being arrested for DWI with a child in the car.
It was reported in this case that the man in question lost control of his car. When the police arrived on scene the car had crashed into some trees and lost one of its wheels in the process. According to the news story, the child was released to a family member while the father was booked.
DWI With Child Passenger in Texas
DWI is a serious charge under Texas law. It can result in hefty fines and long periods of time in jail. But add a child to the situation and the charge gets even more serious. DWI with a Child Passenger is found in Texas Penal Code Chapter 49, Section 045. To be considered a DWI with Child, the person must:
- Be intoxicated while driving in a public place; and,
- Have a child in the car under the age of 15.
This charge, unlike a typical DWI misdemeanor, is a state jail felony.
Some time back, Texas lawmakers created something call a state jail felony. This was meant to be taken more seriously than a misdemeanor, but less serious than a typical felony. When charged and sentenced under a state jail felony, the accused will serve his or her sentence in a county jail, and not a state prison where most felons serve their sentences. But it is still a felony and carries with it the same consequences that a typical felony has.
Another reason a DWI with Child Passenger should be taken seriously is the jail time and fines a person will face. A person convicted of DWI with a Child Passenger faces a fine of up to $10,000, two years in jail, and loss of driver’s license. Those consequences would disrupt anyone’s life, and in many different ways. It puts a job at risk, financial well being, and creates a record.
Fight DWI Charges
If you or someone you care about has been charged with DWI with a Child Passenger, or other type of DWI, contact us. At the Wilder DWI Defense Firm our practice is dedicated to the defense of DWI charges. What a lot of people charged with DWI do not know is that there are options to defend your case. The U.S. Constitution offers each of us protection from aggressive, unreasonable police conduct. If the police violated those rights in how they conducted a DWI investigation, the person charged could face lesser charges or have them dismissed entirely. Even when rights are not violated, nearly every case has some aspect to it that can serve as a defense for the person charged. When you retain us as your counsel in your DWI case, you can rest assured that our team of professionals will do everything in our power to help you get the best outcome possible in your case.