Attorney for DWI With Child Passenger Texas
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Houston DWI With a Child Passenger Attorney B. Keith Jackson Can Defend Your Freedom
If you are caught driving under the influence and you have a young child in your car at the time, you could face felony punishments and a number of other consequences. Additionally, if you get into an accident and injure the child, your punishments could increase.
After being accused of DWI with a child passenger, you need an experienced Houston driving while intoxicated attorney to help you understand your rights. Attorney B. Keith Jackson is an experienced criminal defense lawyer with the knowledge and dedication needed to defend against DWI charges.
We understand how overwhelming it can be to be accused of driving under the influence, especially if police have accused you of endangering a child’s safety. If you have been accused of DWI with child passenger, Texas criminal defense attorney B. Keith Jackson is the person to call.
Contact B. Keith Jackson, Attorney and Counselor at Law PLLC online or by phone at (281)-545-5020 today to schedule a confidential consultation.
Texas DWI With a Passenger Under 15 Years Old
Under Texas law, DWI with a child passenger occurs when someone operates a motor vehicle while under the influence of alcohol with a passenger under the age of 15. In Texas and across the country, the blood alcohol content (BAC) limit is 0.08%. Driving with a BAC of 0.08% or more, and driving with a young child in the car, is a serious felony offense that can affect your driving privileges, child custody arrangements, and your freedom.
Child Endangerment vs. DWI With a Child Passenger
In many states, driving drunk with a child in the vehicle is considered child endangerment. However, that’s not the case in Texas. Instead of charging drivers under a broad child endangerment statute or combining the sentence into a DWI child endangerment conviction, Texas law treats DWI with a child passenger as its own separate felony offense.
In Texas, child endangerment charges fall under Tex. Penal Code § 22.041, known as “abandoning or endangering a child, elderly individual, or disabled individual.” Child endangerment in Texas involves acting in a criminally negligent manner that puts a child under 15 years old at risk of permanent physical or mental impairment, serious bodily injury, or death.
This statute also covers actions such as abandoning a child or exposing a child to controlled substances like methamphetamine. While both DWI with a child passenger and child endangerment involve putting a child in danger, DWI with a child passenger is more specific and only applies to cases involving driving under the influence.
Houston DWI With Child Passenger Laws
Under Tex. Penal Code § 49.045, a person commits DWI with a child passenger if they drive a motor vehicle under the influence of alcohol or other substances and they have a passenger under the age of 15 in the car.
Police can consider someone “intoxicated” and in violation of this law if:
- They no longer have normal use of their mental or physical faculties due to alcohol, controlled substances, or a combination; or
- They have an alcohol concentration of 0.08% or more.
This crime is a state jail felony in Texas, but someone could face additional punishments depending on their criminal history.
If prosecutors have charged you with drinking and driving or driving under the influence of drugs, an experienced criminal defense attorney like B. Keith Jackson can help defend you against the charges. As both a Houston drug crime lawyer and DWI lawyer, he has the knowledge and experience necessary to fight these allegations and protect your freedom.
Boating While Intoxicated With a Child Passenger
Similar to DWI with a child passenger, boating while intoxicated (BWI) with a child passenger involves operating a watercraft while intoxicated with a passenger under the age of 15. This is defined under Tex. Penal Code § 49.061.
While many people enjoy a couple of drinks while out on the water, it’s still illegal to operate a boat or other watercraft while intoxicated by drugs or alcohol. If there’s a child on board, the boat driver could face additional punishments. As a skilled BWI defense attorney in Houston, B. Keith Jackson can investigate your case to its full extent and will build a strong defense on your behalf.
Enhanced DWI With a Child Passenger
In addition to penalties for driving under the influence with a child passenger, someone could face enhanced penalties, depending on the circumstances of their arrest. Under Tex. Penal Code § 49.09(B), someone accused of DWI with a child passenger could face more severe penalties if:
- They have one prior intoxication manslaughter charge on their record
- They have two DWI, BWI, flying while intoxicated, or operating an amusement park ride while intoxicated
- They have a BAC of 0.15% at the time of the offense
If you have been accused of DWI with a child passenger under any of these circumstances, a knowledgeable enhanced DWI defense lawyer in Houston can evaluate the charges against you. Attorney Jackson can help you understand the punishments you may be facing and protect your rights throughout the process.
What is the Penalty for DWI With a Child Passenger in Texas?
A DWI with a child passenger in Texas carries severe penalties that go beyond those of a typical DWI. While a first-time driving while intoxicated offense is usually a Class B misdemeanor, having a child under 15 in the vehicle elevates the charge to a state jail felony.
Under Texas Penal Code, a conviction for a DWI child passenger can result in:
- Up to 2 years in jail
- Up to $10,000 in fines
- Driver’s license suspension, and
- Mandatory community service.
In some cases, additional penalties may apply, such as loss of voting privileges and reporting to the Texas Department of Family and Protective Services. Unlike Class C misdemeanors or Class B misdemeanors, a felony conviction can follow you for life.
Can a Houston DWI With Child Passenger Charge Affect Child Custody?
Yes, being charged with drunk driving while a child is in the car can have serious consequences during a custody battle. Texas courts consider the best interests of the child when determining custody. The courts may consider a DWI with a child passenger conviction as a substantial risk to the child’s well-being.
This can affect child visitation rights or even affect your right to full custody of your child, especially if family services become involved. Family law attorneys and judges can use a DWI with a child passenger charge against you in court. This can make it harder to retain custody or defend your parenting rights.
If you’re facing these charges, it’s important to seek legal help from B. Keith Jackson immediately to protect both your freedom and your child custody rights.
How a Houston Criminal Defense Lawyer Can Defend Against a DWI With Child Passenger Charge
Being charged with driving while intoxicated can have serious consequences on your future, especially if a young child was in the car at the time. That’s why it’s so important to contact a Houston criminal defense lawyer like B. Keith Jackson, Attorney and Counselor at Law.
Attorney Jackson will guide clients through every step of the criminal procedure, working to defend them against their conviction. With an aggressive legal strategy, it may be possible to reduce the charges or avoid a conviction altogether.
Defenses to DWI with Child Passenger Texas
There are several ways a defense attorney can challenge the prosecution’s case in a driving while intoxicated charge involving a child. In these cases, defenses may include:
- Disputing the results of a breath or blood test
- Questioning the reliability of a field sobriety test
- Utilizing the rising BAC defense
- Arguing that the child was not under 15 years old at the time of the alleged offense
- Challenging evidence presented by the prosecution
- Asserting that officers violated your rights during the legal process
Every case is unique, and building a strong defense starts with thoroughly examining all the facts and evidence.
Accused of a Child Passenger DWI in Texas? Call Criminal Defense Attorney B. Keith Jackson Today
If you’ve been accused of driving while intoxicated with a child passenger in Texas, you’re facing serious legal consequences that could impact your freedom, your driver’s license, and even your parental rights. Don’t let these charges change your life for the worse.
Houston criminal defense lawyer B. Keith Jackson has experience defending against driving while intoxicated charges, boating while intoxicated charges, and more. We’re here to help you receive the best possible defense and protect your freedoms and rights.
Call our law office at (281) 545-5020 or contact us online to schedule a confidential consultation with Attorney Jackson regarding your case.
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