What is DWI with A child and the potential punishment?

DWI Charge? Trichter & LeGrand, PC

DWI With A Child Passenger Is A Very Serious Charge. 

According to the State of Texas, DWI with a child passenger is when:

a person commits a offense if the person operates a motor vehicle in a public place; and, the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.

Penalties For A DWI With A Child Conviction

A DWI with a child is a state jail felony, which can result in a fine up to $10,000 and confinement in a state jail for any term, not more than 2 years or less than 180 days, and a driver’s license suspension ranging from 90 days to 2 years. 

Also upon conviction, you will be assessed an annual $1,000-$2,000 surcharge fee each year for 3 years in order to retain your driver’s license. 

A felony conviction also disqualifies the person from voting and possessing a firearm.


DWI With A Child And The Vehicle Ignition Interlock Device

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

This interlock device determines the presence of alcohol in your breath. 

If the device detects a certain level of alcohol, the vehicle is temporarily disabled. 

Additionally, the court will order an accused to abstain from alcohol use and use of controlled substances without a prescription. 

The court may enforce this by ordering random drug testing. 

In some circumstances, the court may order an accused not to operate a motor vehicle while the case is pending.

If you’ve been arrested for a DWI with a child, the Texas DWI specialists at Trichter & LeGrand can help you navigate through the complex and, oftentimes, confusing legal process. 

Our DWI attorneys have handled thousands of DWI cases–many of which involved children in the vehicle at the time of the arrest. 

We’ll do everything we can to try to get a favorable outcome in your case.


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