DWI With Child Passenger


Houston DWI Lawyer Mario Madrid fights all DWI charges with tenacity, experience and skill. A DWI in Houston is serious in its own right, if you have been arrested for DWI and have a passenger in your vehicle that is under the age of 15 years, you can be charged with the more serious offense of DWI with Child Passenger. The state must still prove the elements of DWI along with proving that the passenger is younger than 15 years old.  The Texas Transportation Code provides that law enforcement officers can obtain a  mandatory blood draw for individuals charged with this offense. The result of a conviction is a State Jail Felony with the possibility of up to 2 years prison.

However, just because you have been charged does not mean that you are guilty. A Houston DWI Attorney can challenge the DWI with Child Passenger in Houston charges just like other Driving While Intoxicated charges. An aggressive defense must be mounted from attacking the stop, to the field sobriety tests and blood results. Houston DWI Lawyer Mario Madrid has defended thousands of DWI cases and is armed with the training and skills to successfully defend your rights.

Penalties for DWI With Child Passenger in Texas

Even if you have never been charged with a DWI, DWI with Child Passenger will be prosecuted as a felony. You will face the possibility of the loss of your liberty,  the loss of your Texas Drivers License, increased insurance rates and potential job loss. It is not uncommon for Child Protective Services to launch an investigation because a child is involved. It is imperative to hire an experienced DWI Lawyer in Houston to defend against these serious charges.

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DWI with a Child Passenger is listed as a State Jail Felony and holds the following range of punishment:

Sec. 12.35.  STATE JAIL FELONY PUNISHMENT. (a) Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.

(b)  In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.

(c)  An individual adjudged guilty of a state jail felony shall be punished for a third degree felony if it is shown on the trial of the offense that:

(1)  a deadly weapon as defined by Section 1.07 was used or exhibited during the commission of the offense or during immediate flight following the commission of the offense, and that the individual used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited; or

(2)  the individual has previously been finally convicted of any felony:Houston criminal defense lawyer Mario Madrid

(A)  under Section 20A.03 or 21.02 or listed in Section 3g(a)(1), Article 42.12, Code of Criminal Procedure; or

(B)  for which the judgment contains an affirmative finding under Section 3g(a)(2), Article 42.12, Code of Criminal Procedure.

Contact Houston DWI Attorney Mario Madrid

If you’ve been charged with DWI with Child Passenger you will need a lawyer who will zealously defend you and fight to protect your rights, freedom and reputation. Contact Texas Board Certified criminal defense lawyer Mario Madrid at 713-877-9400 to begin working on a strategy for your defense.

Houston Criminal Defense Attorney Mario Madrid