DWI with a Child: A Texas Felony
Posted on May 2, 2013 5:07pm UTC
If you are caught driving under the influence with a child in the car, it is an automatic felony in the state of Texas. The Texas DMV will immediately suspend the driver’s license of anyone who is caught. Adults in Texas must be driving with a BAC over 0.08% in order to receive a DUI charge. Most of the time, this BAC is determined using a breath test. A police officer will ask the driver to breath into a small handheld machine, and the device will produce a number that represents the driver’s blood-alcohol content. In some cases, breathalyzers can be faulty and produce false readings.
This may create a faulty accusation, and cause a driver to be arrested for a felony child endangerment charge when he or she has done nothing wrong. Those convicted of a DWI with a child will serve a minimum sentence of 180 days and up to two years in a state prison or county jail. You may also need to pay up to $10,000 in fines. There is no defense when it comes to proving whether or not the child was in the car, because the evidence is obvious in these cases.
You can, however, contest your DWI charge. This is why it is essential to have a Houston DWI attorney on your side after you have been charged with this serious crime. If you are convicted of child endangerment, you may even lose custody of your own children. This is because the court may determine that you are unfit to be a parent based on your criminal history.
Billy Skinner & Associates is a firm with a proven record of success in DWI law. The attorneys at this firm truly care about your case, and want to do all that they can to help you avoid a conviction. You may be able to protect your driving privileges by hiring a lawyer to attend an administrative DMV hearing within 15 days of your conviction. The firm can also help you to challenge the authenticity of the evidence that is being used against you in your trial.