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DWI With Child Passenger: A Former Prosecutor Breaks Down The Defense! (2022) 

Fulgham Law Firm
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DWI with a Child Passenger under the Age of 15
When a driver is arrested for DWI with a child passenger under 15 years of age in Fort Worth or elsewhere in Tarrant County, the driver will usually be charged with a state jail felony offense.
In Texas, when you operate a vehicle with a child or children in the backseat, you are taking responsibility for their safety as you operate the car. When driving under the influence, you are endangering that child’s safety and that can result in some serious legal penalties.
Texas Penal Code Section 49.045 provides that the crime of Driving While Intoxicated With A Child Passenger under the age of 15 years old has been committed when the prosecutor proves the following elements:
1. The individual is driving a motor vehicle in a public place while intoxicated; and
2. A passenger in the vehicle is under 15 years old.
The law further defines intoxication as having a blood alcohol content of 0.8 percent or higher or lacking the use of physical or mental faculties due to the consumption of alcohol or drugs as you operate a vehicle.
Penalties of a DWI with a Child Passenger
If you are found guilty of a DWI with a child passenger in Texas, then you may face several different penalties, both criminal and civil, such as:
• Up to two years in a state prison
• Fines up to $10,000
• Suspension of your driver’s license for up to six months
• The fee to have your license reinstated and keep is $2,000/year for three years
• The installation of an ignition interlock device on your vehicle
• Alcohol and drug treatment or rehabilitation programs
These are penalties even if no one, including the child, is hurt but it’s important to note that you will face more severe penalties if someone is hurt during the commission of the DWI or if you have prior convictions.
Reduced Charges
In cases where the charges are reduced, prosecutors agree to lower the level of the charges in order for your agreement to plead guilty to a charge that is less severe than what you were originally charged with.
Reduced Sentencing
Sentence reduction plea deals to offer a resolution to your case for the same charges you are currently charged with but a sentence that is at the lower end of the spectrum for your sentencing. For example, a DWI in Texas that may result in up to six months in prison and fines of $1,000 may be lowered to a sentence of no jail time with a reduced fine, but the charge will still be a part of your record.
Plea Deals Aren’t Always the Right Option
Prosecutors are often encouraged to strike plea bargains in many cases simply to help reduce the strain on the court system, but this isn’t the right path for everyone. Sometimes there are circumstances that prove the adult was making the very best decision at the time the crime was committed, for instance.
Defenses to DWI or Child Endangerment Charges
A skilled Texas criminal attorney will know of a number of different defenses that may be appropriate in helping you to fight your charges, including the following:
Lack of Proper Stop
If the police pulled you over for reasons other than erratic driving or not wearing a seat belt, your case may be dropped.
Lack of Protocol
Did the law enforcement officer read your Miranda rights at the time of arrest? If not, you can use this defense to have everything you said to them stricken from the record. You can also use a lack of protocol defense if the police used unnecessary force against you.
DWI Field Sobriety Test - Failure To Follow Proper Protocols
When you are pulled over on suspicion of drunk driving, the arresting officer will ask you to perform a field test to check for signs of inebriation. You may fail the field test due to physical impairments, or your eyes may be bloodshot due to allergies or other medical conditions. If so, you can use this defense to your charges.
Breathalyzer Test - Failure of Machine
The police will most likely test your breath for alcohol when you are pulled over. The test can register a false positive for many reasons. If the equipment is not properly calibrated, if the officer isn’t using it correctly, or if foreign materials are detected as alcohol, your test results can’t be used in court.
Blood Test Compromised
At the police station, your blood will be drawn in another test. If the blood samples are mishandled in any way, your test results could be skewed. If your attorney can prove that the samples were compromised, they cannot be used as evidence against you.
FOR YOUR FREE EBOOK: THE ULTIMATE GUIDE TO DWI DEFENSE IN TEXAS CLICK HERE www.criminalat...
00:00 How To Beat A DWI With A Child Charge
03:04 What’s Driving While Intoxicated With A Child Passenger
04:12 Penalties For A DWI With A Child Passenger
04:55 Child Endangerment Charges
06:18 Defenses To A DWI With A Child Case

Опубликовано:

 

14 авг 2024

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