Far too many people overestimate their ability to successfully navigate a vehicle from a place when they have been drinking or taking drugs to their home. Some of these people will get caught and face the legal consequences of their actions. As bad as those consequences are in Texas, even for a first-offense conviction for driving while intoxicated, the consequences if you have a minor in your vehicle at the time who is younger than 15 years old get even worse. Much worse.
Driving Intoxicated With a Child is a Felony
Driving while intoxicated is “only” a Class B misdemeanor for the first offense. Of course, that still carries potential penalties of at least three days in jail, fines, a suspension of your driver’s license and probation. Do the exact same thing with a minor younger than 15 years old in the car, and everything goes up – the charge, the penalties, the fines, you name it. Driving while intoxicated with a child passenger – the formal name of the charge – is a state jail felony.
“Jail” might sound better than “prison,” but the important word in the description of the punishment is “felony.” A state jail felony is a felony, period. It is punishable by at least 180 days in jail, but no more than two years. After that, it will remain on your record for life as a felony conviction, which can impact your ability to find housing, employment, and potentially professional certifications or a security clearance. Even something that is “just” a state jail felony is not something you want on your record. Even worse, there are aggravating factors that can result in the charge being increased to a third-degree felony. That pushes the potential punishment even higher, with penalties including:
- Imprisonment of at least two years but no more than 10 years
- Fines of up to $10,000
DWI in Texas is Actually a Low Threshold
If you are thinking that you only had a couple drinks and can still drive your child (or anyone’s child) home from wherever you were, think again. The Texas DWI statute certainly includes a blood alcohol level of .08 in its definition of intoxicated, but that amount is, realistically, just the blood alcohol level at which you can be pretty much assured of a DWI conviction. In Texas, the law requires only that you not have “normal” use of physical or mental abilities because of the use of alcohol or drugs. That is a pretty low standard. You can rest assured that if you are pulled over for suspicion of DWI while you have a minor in the vehicle, you will not enjoy the benefit of the doubt.
If You are Facing Charges for DWI With a Minor in the Vehicle, Contact Madrid Law Firm
DWI is always serious, and a charge for DWI with a minor in the vehicle is even more so. You do not want a felony conviction on your record. If you find yourself charged with DWI with a minor in the vehicle, you need to retain a criminal defense attorney. Get in touch with Madrid Law Firm and see what options you have.
