A DWI with a child passenger charge is serious

A DWI with a child passenger charge is serious

On Behalf of | Jan 12, 2022 | Criminal Defense |

You were stopped by a police officer because they suspected you of drunk driving. Seeing your 10-year-old child in the car, they conducted an intoxication field test and arrested you for DWI — and child neglect or abuse.

You did not intend to drive drunk. You also had no intention of hurting your child. Now, you have to worry about losing your driving privileges and your two children.

Charges of DWI have administrative and criminal penalties

You also have to face a criminal offense. Because you had one of your children in the car with you, your penalties may be stiffer. Learning more about DWI offenses and penalties can help you to make better decisions about how you will respond to the penalties.

A DWI offense involves the Texas Department of Motor Vehicles (DMV). The DMV has to make a decision about your driver’s license and a possible suspension of your driving privileges.

Texas state law around DWI with a child in the car

Texas considers drunk driving with a child in the car to be child abuse or endangerment. As a result, law enforcement and the courts will treat such a charge more severely.

The state may also involve child protective services. This could mean that a social worker will come to your home to investigate you, your spouse and your home. They will be looking for anything that could place your children in danger.

DWI with a child in the car can lead to a child abuse charge

After your arrest on DWI and the CPS visit to your home, the child protective services agency can also charge you with child abuse. This could result in your children being removed and placed into foster care.

You and your spouse might be required to take part in parenting classes and regular urinalysis to detect the presence of alcohol.