DWI with a Child Passenger in Houston

dwi with child

In the Houston area, there are hundreds of DWIs filed every month. The punishment for a DWI can vary depending on the facts and the criminal history of the defendant. Driving while intoxicated (DWI) is serious by itself, but if there is a child in the vehicle of an intoxicated driver, a DWI will be charged as a felony. If you are charged with DWI, and there was a passenger under 15 years of age in your car, call Ceja Law Firm today for a free consultation.  

How is DWI with a Child Cases Charged in Texas? 

In Texas, Driving While Intoxicated is the operation of a motor vehicle in a public place while intoxicated. “Intoxication” can mean one of two things: 

  1. Loss of mental or physical faculties because of the consumption of alcohol, controlled substances, or other drugs (or a mixture of different substances); or 
  2. Having a blood-alcohol concentration of .08 percent or more.

Most DWIs filed in the Houston area are filed as misdemeanors. However, when certain aggravating factors are present, a DWI can be filed as a felony. One such instance is when a person commits a DWI and there is a child under 15 in the vehicle, which turns what would otherwise be a misdemeanor DWI into a felony. 

What is the punishment for DWI with a Child Passenger?

A DWI with a child passenger is a State Jail Felony, punishable by 180 days to two years in jail and/or a fine of up to $10,000. It is possible to receive probation for a DWI with a child passenger, but unless the charge is reduced, a plea of probation would leave a permanent felony conviction on your record. 

How is DWI with a Child Passenger Cases Defended?

The strategy for defending a DWI with a child passenger case is the same as defending any other DWI and involves thoroughly and aggressively challenging every part of the State’s case – from the traffic stop or detention through the State’s conclusion that the driver was intoxicated. 

DWIs are highly technical cases that involve the law of traffic stops and detentions, DWI investigations (which can be very specialized) and the science of breath or blood testing. DWIs are some of the most technically complex cases criminal defense lawyers handle and it is necessary for an attorney to have a high level of training to be able to effectively challenge a DWI. 

The first step of a DWI investigation is obtaining the evidence. In a DWI with a child passenger case, the evidence will typically consist of a police report, videos, witness statements, a breath or blood result, and the underlying data from the laboratory that administered the breath or blood test.  Once the evidence has been received, a DWI lawyer should thoroughly challenge each stage of the police’s investigation. Common defenses in a DWI case include:

  • The traffic stop or detention was illegal.
  • The police balance tests were administered incorrectly.
  • The officer did not have enough evidence to arrest a suspect. 
  • A breath or blood test was not voluntarily given due to police coercion.
  • The breath or blood test was not accurate.
  • There is insufficient evidence of intoxication.
  • The defendant was not driving or in control of the vehicle. 

Of course, these defenses are very fact-specific, and the most effective defense in a DWI will vary in every case. However, because DWIs are highly technical, it is necessary for a DWI attorney to have a thorough understanding of the legal, technical, and scientific issues that frequently come up in DWI cases.

The goal of a DWI with a child passenger case should always be to obtain a dismissal of the charge. However, if the case is not dismissed, then a defendant will usually have to choose between a plea agreement or a trial. Although the idea of being put on trial gives many people anxiety, it many instances, it may be a good idea to go to trial in a DWI case.  

Will my license be suspended after a DWI with a Child Passenger Arrest?

A DWI with a child passenger conviction can lead to a suspension of your driving privileges through an administrative hearing known as an Administrative License Revocation (ALR) case, or as a result of a conviction (if you are eventually convicted). But unless your license was already suspended at the time of your arrest, your license should still be valid immediately after an arrest for DWI with a child passenger. However, you must act to protect your driving privileges. 

If you have a breath or blood result that is .08 or higher, or if you refused to submit to the taking of a breath or blood sample, then you likely have an ALR case pending against your Texas driving privileges. An ALR case is totally separate from a criminal case and only concerns a potential administrative suspension of your driver’s license. After a DWI arrest, you have 15 days to make a request for a hearing to fight an ALR suspension, and it is critical that you make this request (most experienced DWI attorneys handle the ALR hearing for their clients, including making the request). 

If you are convicted of DWI with a child passenger in Texas, that could also a trigger a suspension of your driving privileges, but it is possible that the suspension could be avoided if you complete an alcohol awareness course as a part of probation. Ensuring that your driving privileges are protected after an arrest for DWI with a child passenger can be complicated and it is important that you consult with an experienced DWI attorney.

Can a DWI with a Child Passenger case be reduced to a misdemeanor?

Yes. Although the goal of a DWI with a child passenger case should always be to obtain a dismissal of the case, it is also possible to get the case reduced to a misdemeanor DWI. A prosecutor can do this by reducing the charge to a misdemeanor DWI (by removing the allegation that there was a child in the car), or through Texas Penal Code 12.44(b). Depending on the facts of the case and the criminal history of the defendant, a reduction of a DWI with a child passenger to a misdemeanor may be a very good result.  

Can a DWI with a child passenger charge affect my immigration status?

A DWI with a child passenger charge can negatively affect your legal status if you are undocumented or are not a United States citizen. A DWI with a child passenger charge is worse than a regular DWI as it is considered a felony under Texas law. At Ceja Law Firm, we focus on criminal defense but we frequently represent clients who have immigration issues and take every precaution to ensure that a criminal case does not negatively impact our client’s legal status. 

How long does it take to resolve a DWI with a child passenger case in Houston?

Properly defending a DWI with a child passenger charge in Houston will usually take six months or more. As noted above, the first step is obtaining all of the evidence in the case. Once the evidence is obtained, then a DWI lawyer will be able to evaluate the case and build the best possible defense. Criminal cases are resolved by trial, dismissal, or plea agreement. In a DWI with a child passenger case, the goal is to protect your freedom, record, and driving privileges.

Although the consequences of a DWI with a child passenger arrest can be steep, it is possible to protect your future and put an arrest behind you. Attorney Jose Ceja has extensive training in DWIs and has successfully handled DWI with child passenger cases throughout the Houston area. If you are arrested for DWI with a minor, contact Ceja Law Firm, PLLC today.