DWI with Child Passenger
An arrest for driving while intoxicated can be a frightening and embarrassing ordeal. The stakes, however, are much higher when a child or minor is a passenger in the vehicle. First, a DWI Child charge is automatically filed as a felony. Second, prosecutors and courts take all felony offenses very seriously. You could be facing serious prison time and thousands of dollars in fines to start. Third, because a child is involved, they can also result in reporting to the CPS. As a result, the state could possibly move to take your children from your home. With this much on the line, you need an experienced Dallas DWI with child passenger lawyer on your side.
DWI’s (sometimes referred to as DUI) are stigmatized more than many other criminal charges. Beyond incarceration and fines, they can result in years of probation, driver’s license suspensions, and a permanent criminal record.
Dallas DWI with Child Lawyer
First and foremost, Dallas DWI with child passenger lawyer Mike Howard understands that innocent people get accused, charged, and convicted when they don’t have someone standing with and fighting for them. As an experienced trial lawyer, he has a reputation for fighting back and delivering fantastic results at trial. Not every client and case needs to go to trial, but when your lawyer has a reputation as a skillful trial lawyer who fights for their clients, it makes all the difference in the world.If you or someone you love is facing a DWI with child passenger charge in Dallas contact the Law Offices of Mike Howard. To start, Dallas criminal defense attorney Mike Howard will give you an honest assessment of your case and explain the law and your legal options. Beyond that, he will fight for you and do everything he can to prevent the serious consequences of a conviction.
Our Case Process
Listen & Understand
We focus on clients as real people. First, we list to understand who you are and what you need. Then wec make sure we fully understand the facts of the case.
Open Communication
We explain the law, your rights, and the legal process. Because communication is very important to us, we strive to quickly answer questions and return communication.
Fight for Justice
Simply put: we fight hard for you. In the courtroom, in negotiations, and before a case even is officially opened, we fight for justice for you.
DWI with Child Passenger Charges in Dallas
A person commits driving while intoxicated (Texas Penal Code § 49.04) if they are intoxicated while operating a motor vehicle in a public place. The case becomes DWI with Child Passenger (Texas Penal Code § 49.045) if the vehicle is occupied by a passenger who is younger than 15 years of age.“Intoxication” means not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or more.For more information about DWI/DUI cases generally, see our DWI page. Other intoxication offenses include:
Penalties for a DWI With a Child Passenger
A DWI with a child passenger offense is a state jail felony. State jail felony offenses can result in between 180 days – 2 years in the state jail facility. They also can include a fine of up to $10,000. Instead of jail time, they can include up to 5 years of probation. Probation conditions can require installation of an ignition interlock device, an alcohol evaluation, treatment programs, and more.
Defenses to DWI Charges in Dallas
First and foremost, DWI charges must be proved beyond a reasonable doubt. If the prosecutor cannot rule out each and every possible reasonable doubt, the presumption of innocence prevails. Therefore, even one lingering reasonable doubt means not guilty. This is the highest burden of proof in our justice system and when implemented in your defense by a skilled Dallas DWI with Child Passenger attorney, it can be a powerful weapon.
Possible Reasonable Doubts
- Can they rule out that maybe you were not actually intoxicated (driving while tired, driving while texting, driving while distracted, etc.)
- Maybe someone else may have been driving?
- If there were other occupants, can they actually prove you were the one operating a vehicle?
- Perhaps the police conducted an improper DWI investigation. This can include:
- failure to follow proper standardized field sobriety test procedures and protocols
- issues with the breathalyzer, blood draw and or storage, or blood test machine. For example, proper calibration, maintenance, testing, qualified operator.
Unlawful Police Conduct
Above and beyond all this, unlawful police conduct can be grounds for a judge to throw out a DWI. This conduct can include illegal traffic stops, illegal seizures, and illegal arrests. Finally, sometimes a skillful lawyer can get charges reduced to a misdemeanor DWI 1st. As a result, you could avoid a felony conviction and all that comes with it.
Can You Expunge a DWI with a Child Passenger?
In Texas, a DWI with a child passenger is a serious felony charge, and getting it expunged is challenging. If the charge resulted in a conviction, expungement is not an option. However, if your DWI with a child passenger case resulted in an acquittal, dismissal, or you were found not guilty, you may be eligible for expungement, which would clear the charge from your record entirely.
If you received deferred adjudication for a DWI with a child passenger, expungement is not available, but you might qualify for an order of non-disclosure, which would seal your record. Given the severity of this charge, it’s crucial to consult an experienced DWI attorney to explore your expungement options and work toward protecting your future.
Choosing the Right DWI Child Passenger Lawyer
Finding the right DWI lawyer in Dallas can be overwhelming. After all, you are choosing someone who will hold your life, your future, and your family’s future in their hands. You have to be comfortable with them and feel that you can trust the information and advice they give you. Attorneys are supposed to always work in their clients’ best interest. That shouldn’t just be meaningless talk. Talk to several lawyers to get a feel for them and their staff. Do they take the time necessary to get to know you, to listen to what’s important to you, and answer your questions? Do they show you that you matter to them as a person and not just as a fee? Beware of lawyers who put the hard sell on you, who make big promises. Absolutely avoid lawyers who don’t communicate the scope of the work and their fee clearly in a written contract.
What Makes Mike Howard Different
Many lawyers take advantage of their clients never having hired a lawyer before and not knowing what to expect from the criminal justice process. We take the opposite approach: a knowledgeable client is a happy client, so we provide a wealth of information in the way of articles about criminal offenses, blog posts, and videos for free on our website.
Dallas DWI With Child Passenger Lawyer Mike Howard
Above all, I strive to help my clients through difficult times with compassion and integrity. In Dallas innocent people can get accused, charged, and convicted when they don’t have a Dallas DWI With Child Passenger lawyer fighting for them. I believe in standing up for people facing criminal accusations and helping them navigate all that comes with being thrown into the criminal justice system.
Client-Centered
The cornerstone of my law practice is focusing on my clients as individuals. I start by taking the time to understand not just the facts of their case, but who they are and what they need. Because I know the criminal justice system can be intimidating, I explain the process, their rights, and their options. Client communication is extremely important to me, so I make sure my team and I do everything possible to quickly answer questions and return messages.
Willing to Fight
Most importantly, I am willing to fight a case in court. I have a track record of delivering fantastic results at trial. While not every client and case needs to go to trial, it can make a difference. When your Dallas DWI With Child Passenger Lawyer has a reputation as a skillful trial lawyer who fights for their clients, however, it makes all the difference in the world.
A Proven Track Record
Dallas DWI With Child Passenger Attroney
M.B. – DWI with Child Passenger
Even though his children were in the car when he got his DWI, we were able to get our client’s case reduced from a felony to a misdemeanor and get him time-served.
A.M. – DWI 2nd
Our client was a combat veteran with a previous DWI and a history of trauma related to his service. He has completed a prior pretrial diversion program so he wasn’t technically eligible for diversion again. We convinced the prosecutor to make an exception and his case was dismissed.
T.V. – DWI First
We took over our client’s case from another lawyer. He had been set for court many times before and was set for trial even though that’s not what he wanted. After one court setting we got his case reduced and got him deferred probation.
L.G. – DWI 3rd
Our client was facing a felony DWI due to his long record. In spite of his record and pretty bad facts, we took his case to trial and got a not guilty.
V.B. – DWI 1st > 0.15 BAC
Our client’s first DWI was enhanced due to a high blood alcohol score. We were able to get the enhancement dropped and avoid jail time.
