San Antonio DWI With Child Passenger Lawyers
Representation for DWI with a Child Passenger Cases in Texas
Have you been charged with the aggravated charge of DWI with a child passenger? All DWI charges are serious, but having a child passenger can result in enhanced penalties. If you are facing charges, you need the legal assistance of a highly qualified criminal defense lawyer who understands the nuances of DWI laws in Texas.
At LaHood Norton Law Group, PLLC, you will find an experienced team of former prosecutors with extensive professional training. Our lawyers are distinguished by their demonstrated level of specialized competence in their field, with two being Board-Certified by the Texas Board of Legal Specialization.
What If You Weren’t Actually Drunk But Still Charged?
You don’t have to be over the legal limit to end up in cuffs in San Antonio. In Texas, if an officer believes your physical or mental faculties are impaired, even without a blood alcohol concentration reading, you can still be arrested. Maybe you tripped during a field sobriety test or suffered a medical event. None of that matters once they’ve made up their mind. And once they’ve made up their mind, they will do whatever it takes to make you look guilty.
Police officers are trained to spot “signs” of intoxication, but that doesn’t mean they always get it right. Maybe that slurred speech they noted was actually a side effect of your medication. Or the bloodshot eyes they observed were a result of crying or a lack of sleep. It doesn’t matter to them; it’s all evidence.
Once that DWI arrest hits your record, the damage is done. Legal penalties, license suspension, and potential child endangerment charges are all very real possibilities.
Texas DWI with Child Passenger Charges
Operating a motor vehicle while intoxicated with a minor as a passenger is outlined in the Texas Penal Code in Section 49.045. Under this law, a minor is anyone under the age of 15. This offense is charged as a state jail felony.
You can be arrested for this crime if you are found driving in a public place with a minor passenger while your blood alcohol concentration measures .08% or higher, or if law enforcement decides you do not have normal mental or physical faculties due to the consumption of alcohol and/or drugs.
What is the Penalty for DWI with a Child Passenger?
In Texas, the penalties may include:
- 180 days up to 2 years of incarceration
- Fines of up to $10,000
- Community service of up to 1,000 hours
- License suspension of up to 180 days
- DWI school
- Installation and maintenance of an ignition interlock device in your car
- Annual surcharge of $1,000 – $2,000 for 3 years to keep your license
Depending on the circumstances, you could also be charged with child endangerment.
How Does Refusing a Breath or Blood Test Affect Your Case?
In Texas, refusing a breathalyzer test or a blood test doesn’t mean you’re off the hook. Texas, like other states, has implied consent laws. Simply having a driver’s license means you’ve already agreed to submit to chemical testing if law enforcement suspects you’re driving while intoxicated. So when you refuse a breath or blood test, it automatically triggers consequences, regardless of whether you’re convicted of a DWI.
The most immediate penalty is an automatic suspension of your driver’s license, usually for 180 days for a first refusal and up to two years if you’ve refused in the past or have prior DWI-related incidents. This suspension goes into effect even if you’re never actually found guilty in court.
On top of that, prosecutors can use your refusal against you during your trial. They may argue that you refused the test because you were aware of your intoxication.
An experienced lawyer can still build a strong case by questioning the legality of the traffic stop and proving whether or not the officer had reasonable suspicion and followed proper protocol. But you won’t be able to explore this and other legal options without legal representation backing you up.
Can Your Child Be Used as a Witness Against You?
Witness testimony plays a big role in any criminal case. Statements made at the scene by adults or other passengers, including the child, might be used to support the prosecution’s version of events. If the child is old enough, they could be interviewed by law enforcement or CPS, and their comments about your behavior, your driving, and the events leading up to the incident may be brought into evidence, even if they weren’t formally interviewed. While prosecutors often try to avoid putting children on the stand, their observations can still influence the case’s trajectory.
Can CPS Take Your Kids After a DWI with a Child Passenger?
When arrested for a DWI with your child in the car, you are likely facing far more than criminal charges. You’re risking the relationship you have with your child. A DWI tied to child endangerment doesn’t just stay in the criminal court system. It often triggers a mandatory report to Child Protective Services (CPS), and once CPS steps in, the events to follow can spiral out of control fast.
You may be forced to go through parenting evaluations, submit to drug and alcohol testing, or attend court-ordered classes just to prove you’re safe to be around your child. Unfortunately, this can bleed into high-conflict custody situations, where this kind of charge can tip the scales and lead to limited or supervised visitation. In the worst-case scenarios, it can be used to justify removing your child from your home.
Even if there was no actual harm to your child, the mere presence of a DWI can be seen as evidence of potential danger. That can be more than enough to get CPS involved, and once they are, regaining control of the situation is a steep uphill battle.
Will The Child Not Being Yours Affect Your Case?
It won’t only affect your case; it has the potential to make things way worse. Texas DWI laws don’t distinguish between your child and someone else’s when it comes to a DWI with a child passenger. If the child is under 15 and in your vehicle while you’re allegedly drunk driving, the charge applies either way.
But when the child isn’t yours, the prosecutor may push for harsher penalties. They can argue that you showed recklessness as a caretaker entrusted with someone else’s child. That added layer of betrayal can influence everything from how aggressively the case is charged to how little leniency the court offers.
If the child belongs to a friend or relative, expect their family to be contacted. What’s worse, CPS may begin an investigation into their household, too. If you’re in a custody battle, this charge could be used to argue that you’re unsafe around any child, not just your own.
Is Jail Time Mandatory for DWI with a Child Passenger?
Under Texas law, a DWI arrest involving a child passenger is automatically classified as a state jail felony, which means jail time is absolutely a possibility. However, that doesn’t always mean it is mandatory.
Courts do have some discretion depending on the specifics of the DWI case, including whether this is a first offense, if there were any injuries involved, or if the officer lacked reasonable suspicion to make the initial traffic stop. While the law allows severe penalties, some individuals may qualify for alcohol education programs, probation, or community service instead of incarceration.
The presence of child endangerment charges, prior DUI charges, or a high blood alcohol concentration (BAC) could shut the door on any chance of leniency. However, an experienced San Antonio DWI lawyer can often work hard to develop a tailored defense strategy that may reduce legal penalties, especially if there are issues with how the stop was conducted or how your BAC was determined.
If you are worried about your freedom, you can’t afford to wait and see. Call our law firm immediately so we can get started on your defense. Call 210-750-4490 to schedule a free initial consultation.
What Are the Long-Term Consequences of a Felony DWI Conviction?
A felony DWI conviction can follow you for the rest of your life, long after you’ve paid your dues and served your jail time. Employers across South Texas often run background checks. When they see a criminal record tied to a DWI offense, your application might not even make it to the interview pile, especially for jobs involving driving, childcare, or sensitive information.
Colleges can also deny admission or revoke scholarships, citing criminal charges and concerns about alcohol awareness. Housing becomes harder to obtain as landlords may choose to reject your application because of a DWI conviction. A driver’s license suspension will only make things harder for you as you try to find employment and housing without your driving privileges.
All of this doesn’t even cover the shame. The judgment from your friends, family, and community. When you are found guilty of child endangerment, especially because of a DWI charge, it can feel impossible to ever escape the stigma.
Do you Need Help With Your Case?
Facing a DWI charge involving a child passenger is overwhelming, and the consequences can affect every part of your life, from your freedom to your family. These cases are emotionally charged and legally complex, and there’s too much at stake to take any chances. Whether it’s your first offense or you’ve been through this before, you need someone who understands exactly how Texas handles these charges. A strong legal defense can mean the difference between a future you can recover from and one that follows you forever. If you’re ready to protect your rights, it’s time to get serious about your defense.
Our Legal Team Is Here to Help
The accomplished legal team at LaHood Norton Law Group, PLLC, is here to protect your legal rights while working diligently to help you seek a favorable outcome. Because of the severe consequences of this DWI charge, you should not skimp on the quality of your legal representation. We offer a free consultation to help you get started, just call 210-750-4490.
