DWI With a Child Passenger: Fighting the Felony Upgrade and License Consequences
Getting pulled over is stressful enough on its own. When you have a child in the back seat and are arrested for DWI, the situation becomes much more serious. You may be worried about how the charge could affect your family, your career, your driver’s license, and your freedom.
At the Law Office of Sherrod J Edwards, I represent people facing serious criminal charges in Dallas, Texas. A DWI with a child passenger is a felony offense, but an arrest does not establish guilt. If you are facing this charge, reach out to me today to discuss the allegations, the evidence, and your options for moving forward.
The Reality of a State Jail Felony DWI Charge in Texas
In Texas, driving while intoxicated with a child passenger carries more serious consequences than a standard first-offense DWI. Under Texas Penal Code Section 49.045, a person commits DWI with a child passenger if the person is intoxicated while operating a motor vehicle in a public place and the vehicle is occupied by a passenger younger than 15 years old.
The offense is classified as a state jail felony. A conviction can carry significant consequences:
Incarceration in state jail: A state jail felony is generally punishable by 180 days to two years in a state jail.
Substantial financial penalties: A state jail felony can carry a fine of up to $10,000.
Felony criminal record: A felony conviction can affect employment, housing, professional opportunities, and other parts of your life.
The state still has to prove the elements of the offense beyond a reasonable doubt. The circumstances surrounding the traffic stop, evidence of intoxication, chemical testing, and evidence concerning the child passenger can therefore be important when evaluating the case.
Impact on Your Driving Privileges and Personal Freedom
A DWI arrest can also create driver’s-license consequences separate from the criminal prosecution. The Texas Department of Public Safety administers the Administrative License Revocation (ALR) process for certain DWI arrests involving a failed or refused breath or blood test.
If you are served with a suspension notice after refusing or failing to complete a requested test, you generally have 15 days to request an ALR hearing. The rules differ when blood-test results are received later; DPS states that a person mailed a suspension notice after a blood test generally has 20 days from the date the notice is mailed to request a hearing.
A conviction for DWI with a child passenger can create a separate license suspension. Texas law generally provides for a suspension of at least 90 days and no more than one year for a conviction under Section 49.045.
If your license is suspended, you may be eligible to seek an occupational driver’s license for certain essential activities, including work, school-related activities, and essential household duties. Eligibility depends on your circumstances.
Other Consequences of a Felony DWI Charge
The consequences of a DWI with a child passenger can extend beyond the criminal case and your driver’s license. Depending on your circumstances, an arrest or conviction could create issues involving your employment, professional licensing, family situation, or other responsibilities.
For example, allegations involving intoxicated driving with a child in the vehicle may raise concerns about the child’s safety. Whether another agency becomes involved and what action it takes depends on the circumstances rather than simply on the title of the criminal charge.
A felony conviction can also create significant consequences beyond sentencing. If you hold a professional license, your occupation may have reporting or disciplinary requirements that depend on the particular profession and conviction.
These possibilities make it important to understand both the immediate criminal allegations and the potential consequences specific to your circumstances.
Smart Strategies to Challenge Felony Drunk Driving Allegations
Fighting a state jail felony begins with examining how the government obtained its evidence. Police must comply with constitutional and statutory requirements during traffic stops, arrests, and evidence collection.
As a defense attorney, I may examine several aspects of a Texas DWI defense, including:
Whether the officer had a lawful basis for the traffic stop.
What the officer observed before making the arrest.
Body-camera and dashboard-camera footage.
How field sobriety tests were administered and interpreted.
The collection, handling, and testing of breath or blood evidence.
Whether the state can establish each element of the charged offense.
Not every issue will apply to every case. A problem with particular evidence also does not automatically result in dismissal. However, identifying weaknesses in the state’s evidence may affect whether evidence can be admitted, whether the prosecution can prove the charge, or how the case is ultimately resolved.
The earlier the evidence is reviewed, the easier it is to identify issues that may matter to your defense.
Reach Out to Take Back Control of Your Life
A DWI with a child passenger is a serious felony allegation, but an arrest is not a conviction. You have the right to challenge the state’s evidence and present a defense.
At the Law Office of Sherrod J Edwards, I represent people facing DWI and other criminal charges in Dallas, Texas. I can review the circumstances of your arrest, examine the evidence against you, and explain the legal and driver’s-license issues that may affect your case. Reach out to my Texas criminal defense firm today to schedule a consultation and discuss your defense.