DWI with a child in the car is one of the easiest ways an ordinary person can be arrested for a felony in Texas. It doesn’t matter that you didn’t have an accident or that you drove safely. If you are stopped and the officer believes you were intoxicated and you happened to have a child under 15 years of age in the car, you can be charged with a state jail felony.
The minimum punishment for this type of DWI is 180 days confinement and the maximum punishment is 2 years confinement in the state jail. The fine can be up to $10,000.00. Probation is possible. But, if you receive probation you will need to report monthly and have an interlock installed in your car. You can also receive a period of days in jail as a condition of probation and your driver license will be suspended. There are also many other possible court ordered conditions of probation.
In addition to these court ordered consequences, you will have a felony arrest and conviction on your record. Deferred adjudication is not possible in this type of case. That means that if you are convicted, you will loose many of your federal constitutional rights as well. For example, you will no longer be able to vote or to possess a firearm. You will also have to explain this felony conviction every time you apply for a job.
DWI with a child in the car is a serious offense. A competent and experienced DWI attorney can help you fight this type of DWI charge. But, it is important to start on your defense as soon as possible.
Tim Rountree is a DWI defense attorney who helps people with DWI cases in Bexar county and all of Texas.