McKinney DWI With a Child Passenger Attorneys

Lawyers for Felony DWI Charges Involving Minor Passengers in McKinney, TX

An arrest on charges of driving while intoxicated (DWI) is serious, regardless of the circumstances involved in a case. However, there are some factors that may lead to increased charges and enhanced penalties. When a child was in a vehicle at the time that a person was allegedly driving while under the influence of alcohol or drugs, felony DWI charges may apply, and other issues may arise that could affect an entire family. Because of the harsh penalties that a person may face when they are accused of putting a child's safety at risk, a strong defense will be needed during a DWI case.

At Texas Defense Firm, our attorneys can provide representation for clients who have been accused of driving with a child after drinking alcohol or using drugs. We can help clients understand what is at stake in these cases, including the criminal penalties they may face and other concerns that may affect their lives and their family relationships. We will provide guidance on the best options for defense, and we will advocate for solutions that will help clients avoid long-term consequences and disruption to their families.

Why Law Enforcement Officials Treat DWI Cases Involving Children Seriously

Children in a vehicle may be vulnerable to harm. Unlike adults, they may have no way to avoid dangerous situations, and they will depend on their parents or other loved ones to protect their safety. Offenses that put children at risk are taken seriously, and the penalties that people may face are likely to be more serious. Because drunk driving can lead to accidents that may result in serious injuries, a parent or another person who is accused of putting a child at risk by driving while intoxicated may face multiple types of harsh consequences.

Increased Penalties for DWI With a Child Passenger

A person who is accused of operating a vehicle while intoxicated when a passenger younger than 15 years old was in the vehicle may be charged with DWI with a child passenger. This offense is a state jail felony. A person could face felony charges even if this is their first DWI offense or if they have never been accused of other crimes involving children in the past.

A person who is convicted of DWI with a minor passenger could be sentenced to serve between 180 days and two years in a state jail facility. The fines for a felony conviction may be as high as $10,000. Because this offense is a felony, it will also result in serious collateral consequences, including a permanent criminal record, restrictions on firearm ownership, and the loss of certain civil rights.

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The Risk of Additional Child Endangerment Charges

Depending on the specific facts of a case, a person who has been accused of DWI with a child passenger charge may also face separate charges for endangering a child. The charge of child endangerment may apply if a person is accused of intentionally or recklessly engaging in conduct that put a child younger than 15 years old at risk of harm. Even if a child did not suffer an injury, a person's disregard of the child's safety may serve as the basis for child endangerment charges.

Child endangerment is a state jail felony. If this charge is filed alongside charges of DWI with a child passenger, a person may face two separate felony charges. If they are convicted, they may face increased penalties.

The Possibility of a CPS Investigation and Child Custody Consequences

When a person is arrested for DWI while a child was in the vehicle, this arrest may be reported to the Texas Department of Family and Protective Services. Child Protective Services (CPS) may perform an investigation to determine whether a child may be at risk. This investigation will be separate from a criminal case involving DWI charges, although the outcome of the case or the evidence involved may be considered.

A CPS investigation may involve interviews with a parent who was driving with a child, the child's other parent, and other family members. In some cases, a child may be removed from the custody of one or both parents during an investigation. Depending on the outcome of the investigation, CPS may require a parent to meet certain conditions before they can regain custody of their child.

In cases where a parent is involved in a divorce or family law case or when they share custody with the other parent, the DWI arrest may be addressed in family court. DWI charges may be used to question a parent's judgment or their ability to care for their child. They could lose custody of their child or face restricted or supervised visitation arrangements, and their future parental rights could be affected.

The Importance of a Strong Defense in DWI With a Child Passenger Cases

Because of the consequences that a person may face after being arrested for DWI with a minor passenger, legal representation is crucial. An attorney with experience in felony DWI cases can provide guidance on the best steps to take to defend against a criminal conviction or minimize the penalties that may apply. They can also help a client determine how a criminal case may affect CPS investigations or family court proceedings, and they can advocate for solutions that will help a person maintain a good relationship with their children.

Contact Our McKinney, Texas DWI With a Child Passenger Lawyers

When children are involved in DWI cases, a person may face consequences that can have an impact on nearly every part of their life. Because of the high stakes in these cases, a person who has been arrested will need experienced legal representation. At Texas Defense Firm, our lawyers can help ensure that a person's rights will be protected as they defend against DWI charges and related offenses. We will work to resolve a case while preventing issues that could affect family relationships in the future. Contact our McKinney DWI and child endangerment defense attorneys at 972-369-0577 and schedule a free consultation.