DWI With Child Under 15: A Former DA Breaks Down The Law! (2021) скачать в хорошем качестве

DWI With Child Under 15: A Former DA Breaks Down The Law! (2021)

Compared to a Misdemeanor DWI, DWI with a child passenger under 15 poses serious consequences if the case is not properly resolved. You will face enhanced penalties for your DWI, and depending on the circumstances of the alleged offense, may also face consequences for the separate crime of child endangerment. DWI with Child Passenger Penalties in Texas If you are operating a vehicle with one or more child passengers, you are automatically assuming responsibility for their safety while driving the car. Endangering a child by driving under the influence is therefore severely punished. Under Texas Penal Code 49.045, DWI with child passenger is defined as operating a motor vehicle with one or more minor passengers under 15 in a public place while intoxicated. Intoxication is defined as having a blood alcohol content of 0.08% or more, or otherwise not having the normal use of mental or physical faculties due to consumption of alcohol or other drugs. If you are convicted of a DWI with child passenger, you can expect a litany of civil and criminal penalties, including: • State jail felony, punishable by at least 180 days and up to two years in state jail • Automatic suspension of your driver’s license for up to 180 days • Criminal fines up to $10,000 • Surcharge/Suspension fees to retain your driver’s license: at least $1,000 per year, but not to exceed $2,000 for three years. • Ignition interlock device • Required treatment and rehabilitation programs. Importantly, even if no one (including the child passenger) was hurt during the offense, you will still face the charge of DWI with a child passenger under 15 years of age. However, if the child was endangered or if you have prior DWI convictions, the consequences become even more severe. How Texas Handles Child Endangerment in This Situation If you are caught driving drunk with your child in the car, you are likely to also face a civil Child Protective Services (CPS) case. This could result in losing custody of your children and can also affect any joint custody of your children with a prior partner. Under Texas law, child endangerment occurs when a child under 15 is put at risk for injury, physical impairment or death. Arguably, drunk driving alone puts the child at risk, and the case against you becomes even stronger if you are involved in a DWI accident. Obviously, this is a situation that no parent or guardian wants to be in. That is why it is important to be aware of the laws surrounding this offense, so you can start putting together the strongest defense possible the moment you are charged. Possible Defenses For DWI With Child Under 15 Years Old You Were Not Intoxicated The State of Texas must prove that you were intoxicated, as defined by Texas law. If you provided a blood or breath test and the blood alcohol level was .08 or lower, a good DWI lawyer will be able to create reasonable doubt as to whether you were operating a motor vehicle while intoxicated. What if your blood alcohol level was over .08? Now, the question becomes how much later after the time you were driving was the blood drawn? 2 hours? 3 hours? 5 hours? The longer in time between your driving the motor vehicle and the blood draw, the less reliable the blood draw is in determining if you were intoxicated. You Were Not Operating A Motor Vehicle Did the police arrive at the scene and your car was stopped and no longer driving? Maybe you were still in the vehicle, but the car was not running? The State of Texas must prove beyond a reasonable doubt that you were operating a motor vehicle. If you were not behind the wheel and there were no witnesses placing you behind the wheel, you may be able to beat your DWI. Free Guides: What to Do When You've Been Charged in Texas: https://www.criminalattorneyfortworth... Ultimate Guide to DWI Defense in Texas: https://www.criminalattorneyfortworth... What to Do When Charged with Domestic Violent Crime: https://www.criminalattorneyfortworth... How to Beat a Drug Charge in Texas: https://www.criminalattorneyfortworth... 0:00 DWI With Child Under 15: A Former DA Breaks Down The Law! 01:28 What are the penalties of DWI with a child under 15? 01:50 What is Intoxication defined under law? 02:16 What does a “State Jail Felony Crime” mean? 03:40 Remember: Injuries not required for a felony! 04:42 What are your possible defences? 05:19 What is an Extrapolation? 05:55 Did the police have a legal reason to stop you?