In Texas, DWI is a serious offense that comes with severe penalties, even for a first-time offense in its simplest form. When you add aggravating factors, the penalties become even more severe. DWI with a child passenger or other qualifying minor in the vehicle is an especially aggravating factor, because the state might consider the offense a form of endangerment or negligence. This not only puts your future at risk, but your custody rights to your child as well. An experienced Georgetown DUI defense attorney can fight these DWI charges to defend your rights – and your future.
Georgetown DWI with Child Passenger Attorney
If you’ve been charged with DWI with a child passenger in Williamson or Bell County or the surrounding areas in Texas, it imperative that you hire a qualified defense attorney as soon as possible. Michael J. Price of Price & Twine, PLLC has decades of combined experience handling criminal defense cases like yours, including various types of DWI.
They will fight hard to defend your personal rights and freedoms and your custody of your child. To see what Mr. Price can do for you, call (512) 354-1880 today to schedule your free consultation.
Texas Definition of DWI
Unlike other states, in Texas there is a legal limit but you do not have to be over it to be convicted of DWI. According to Texas law, any person operating a motor vehicle on state roads while intoxicated from alcohol or drugs can be guilty of DWI, whether or not the legal limit is met. Intoxicated in Texas code means a person is no longer is able to use normal mental or physical faculties, such as clear speech and balance.
That being said, the legal limit in Texas is .08 and any person caught with a BAC of .08 is automatically considered DWI. This is also known as a “per se” DUI.
Additionally, any person caught driving a motor vehicle with a BAC of .15 will face even more punitive consequences than someone charged with simple DWI or per se DWI. This level of alcohol in the blood will be a special concern to the court if your case is found to have other aggravating circumstances, such as a child or other qualifying minor in the vehicle with you.
Williamson County DWI with Child Passenger Definition and Penalties
According to Texas Penal Code §49.045 an individual can be charged with DWI with a Child Passenger in Texas if he or she is operating a motor vehicle on public roads while intoxicated (per se or not) and has a passenger in the vehicle with him or her that is under the age of 15. A conviction of DWI with Child Passenger is a state jail felony, and the punishments vary according to your alcohol concentration level, whether you are a habitual offender risk, and other related circumstances. State jail felony penalties for this offense can include:
- 180 days – 2 years of prison, with 180 days the mandatory minimum
- Up to $10,000 fine with additional court costs and fees
- Up to 1,000 hours of community service
- DWI school
- Alcohol and/or drug education or treatment
- Driver’s license suspension
- Installation of ignition interlock device
This doesn’t include the other consequences associated with a felony conviction in Texas, such as losing the right to vote or to own a gun. An experienced DUI lawyer in Williamson County, TX, will be able to fight these consequences and keep your best interests at heart.
Price & Twine, PLLC | Child Passenger DWI Lawyer in Williamson County
Don’t risk your future, your freedom, and your family. Contact the skilled Georgetown criminal defense attorneys at Price & Twine, PLLC as soon as possible if you are facing a Child Passenger DUI in Georgetown, Round Rock, Cedar Park, Leander, Killeen, Temper, Harker Heights, or the surrounding areas.
We will fight for your rights while providing you with the utmost respect and customer service. Call us today at (512) 354-1880 to schedule your free and honest first consultation.