DWI With a Child Passenger Attorney
A DWI With a Child Passenger Is More Than a Typical DWI Charge
Being arrested for driving while intoxicated is a serious matter under any circumstances. When a child younger than 15 years old is riding in the vehicle, however, Texas law treats the offense much differently. Even if no accident occurs and no one is injured, a DWI involving a child passenger is generally charged as a state jail felony rather than a misdemeanor. That means you may be facing significantly greater penalties, including jail time, substantial fines, a permanent felony conviction, and consequences that can affect your career, your reputation, and your family.
At Mark Diaz & Associates, criminal defense is the primary focus of our practice. For nearly 30 years, we have represented individuals facing serious criminal charges throughout Galveston County, Harris County, and surrounding Texas communities. We understand that every DWI case presents unique facts, and we carefully evaluate the evidence before developing a defense strategy tailored to each client’s circumstances.
A felony arrest does not automatically result in a conviction. Every aspect of the investigation should be carefully examined, including the reason for the traffic stop, the officer’s observations, field sobriety testing, chemical testing procedures, and whether your constitutional rights were respected throughout the investigation. If you have been arrested, speaking with an experienced criminal defense attorney as soon as possible can help protect your rights while your defense is being built.
What Is a DWI With a Child Passenger?
Under Texas law, a person commits the offense of DWI with a child passenger when they operate a motor vehicle while intoxicated and have a passenger younger than 15 years old in the vehicle. Unlike many DWI charges, this offense is prosecuted as a state jail felony, even if it is your first DWI arrest.
Many people mistakenly believe prosecutors must prove the child was injured or placed in immediate danger. That is not the case. The allegation that a child under the age of 15 was present in the vehicle is enough to elevate the offense to a felony if the prosecution can prove intoxication beyond a reasonable doubt.
Because felony convictions carry much more serious consequences than misdemeanor offenses, these cases require immediate attention and a carefully prepared legal defense.
Potential Penalties for a DWI With a Child Passenger
A conviction for DWI with a child passenger can carry severe criminal penalties, including:
- State jail felony conviction
- Between 180 days and 2 years in a Texas state jail facility
- Fines of up to $10,000
- Driver’s license suspension
- Community supervision
- Mandatory alcohol education programs
- Installation of an ignition interlock device
- A permanent felony criminal record
The consequences often extend well beyond the courtroom. A felony conviction may affect future employment opportunities, professional licensing, educational opportunities, housing applications, and even child custody disputes. Depending on the facts of your case, prosecutors may also pursue additional charges if an accident resulted in injuries.
For additional information regarding sentencing ranges and license consequences, visit our page discussing DWI penalties in Texas.
How We Defend DWI With a Child Passenger Cases
Every successful defense begins with a careful review of the facts rather than assumptions. At Mark Diaz & Associates, we thoroughly examine how the investigation was conducted and whether the prosecution can prove every required element of the offense.
Depending on the circumstances, our review may include questions such as:
- Was the traffic stop lawful?
- Did the officer have probable cause to make an arrest?
- Were field sobriety tests administered correctly?
- Were breath or blood samples collected and analyzed according to accepted procedures?
- Was chemical testing equipment properly maintained and calibrated?
- Were your constitutional rights violated during the investigation?
Because every case is different, there is no universal defense strategy. Some cases involve legal issues surrounding the traffic stop itself. Others involve challenges to chemical testing, witness testimony, or the officer’s observations. Our goal is to identify weaknesses in the prosecution’s evidence while developing the strongest defense possible under the facts of your case.
What If This Is Not Your First DWI?
While DWI with a child passenger is prosecuted as a felony regardless of whether it is your first arrest, prior DWI convictions can significantly affect how prosecutors approach your case and may influence sentencing if you are convicted.
If you have previous DWI convictions, it is important that your attorney carefully reviews your criminal history, the validity of prior convictions, and how they may affect your current case. Learn more about felony DWI offenses and how repeat DWI allegations are prosecuted under Texas law.
Why Choose Mark Diaz & Associates?
A felony DWI case is not something you should trust to an attorney who only occasionally handles criminal matters. Criminal defense is the primary focus of our practice, and for nearly 30 years Mark Diaz has represented clients facing misdemeanor and felony charges throughout Galveston County, Harris County, and surrounding Texas communities.
Our firm believes every client deserves straightforward advice, honest communication, and a defense strategy built around the facts rather than assumptions. We carefully review the evidence, explain your legal options, and remain accessible throughout every stage of your case so you understand exactly where your case stands.
Whether your case is resolved through negotiation or requires litigation, we prepare every matter with the understanding that your freedom, your future, and your reputation are on the line.
Speak With a DWI Defense Attorney Today
If you have been arrested for DWI with a child passenger, do not wait to seek legal guidance. The prosecution begins preparing its case immediately, and important evidence may become more difficult to preserve as time passes. Speaking with an attorney early allows your defense to begin while the facts are still fresh and before important opportunities are lost.
Mark Diaz & Associates proudly represents individuals throughout Galveston County, Harris County, and surrounding Texas communities. We offer free consultations, complimentary parking at our Galveston office, and bilingual assistance for Spanish-speaking clients. Se habla español.
Call 409-515-6170 today to schedule your free consultation and learn how we can help you begin building your defense.
