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What is DWI with A child and the potential punishment?

DWI Charge? Trichter & LeGrand, PC

DWI With Child Passenger is a very serious charge, according to the State of Texas, DWI With a Child Passenger is applicable in situations where:

A person commits an offense while operating a motor vehicle in a public place; and the vehicle being operated by that person is occupied by a passenger who is younger than 15 years of age

Penalties For A DWI With A Child 

Due to the severity of the charge, penalties are often equally severe . DWI with a Child is considered a state jail felony in Texas, which can result in a fine of up to $10,000 and confinement in a state jail for any term not more than 2 years, or less than 180 days. It can also result in a driver’s license suspension ranging from 90 days to 2 years.

Upon conviction, you will be assessed an annual $1000-$2000 surcharge fee each year for 3 years in order to retain your driver’s license. Felony convictions, including State Jail Felony convictions, also disqualify that person from voting and possessing a firearm.

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DWI With A Child And The Vehicle Ignition Interlock Device

As a condition of bond, the court may require that you install a vehicle ignition interlock device on your car, and you will not be allowed to operate any motor vehicle that is not equipped with an interlock device. 

The interlock device determines the presence of alcohol in your breath, and if it detects a certain level of alcohol, the vehicle will be temporarily disabled.

Additional Considerations, Penalties, and Potential Court Orders


Additionally, the courts will order the accused to abstain from alcohol use and the use of controlled substances without a prescription. The courts may enforce this by ordering random drug testing. In some circumstances, the court may order the accused to abstain from operating a motor vehicle while the case is pending.

What To Do If You’ve Been Arrested For DWI With A Child

If you’ve been charged with or arrested for DWI with a Child, working with professional legal counsel may help you better understand your charges, court proceedings, and any potential penalties associated with the charges and potential conviction.

The Texas DWI specialists at Trichter & LeGrand can help you navigate the complex and often confusing legal process surrounding DWI with a Child cases. 

With thousands of DWI cases under our belt, many of which fit the special circumstances of DWI with a Child or other variations on a standard DWI, we have a great deal of experience and familiarity with details that may be relevant to your case. 

We’ll do everything we can to work towards a favorable outcome in your case.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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