DWI with child Criminal Defense Lawyers Frisco, TX

DWI WITH CHILD PASSENGER UNDER TEXAS LAW

According to the Texas Penal Code, if a person drives a motor vehicle while intoxicated on a public road in the state of Texas and a child under the age of 15 is in the same vehicle while the intoxicated person drives it, the person driving the vehicle can be arrested for the felony offense of driving while intoxicated with a child passenger. A charge of driving while intoxicated with a kid passenger is in addition to a charge of DWI alone. While driving under the influence of alcohol is a Class B misdemeanor, doing so with a kid passenger in the vehicle is a felony.

PENALTIES FOR A CONVICTION OF DRIVING WHILE INTOXICATED WITH A CHILD PASSENGER

If you have been accused of committing this crime, which is classified as a state jail felony (SJF), you risk losing your driver’s license for a period of one hundred and eighty days, serving a minimum jail term of one hundred and eighty days up to two years, and paying a fine of up to ten thousand dollars. You will likely be required to obtain an Occupational Driver’s License.  If you are found guilty, the judge who hands down your sentence has the discretion to tack on additional punishments.  DWIs with a child also lead to divorce filings and heavily contested child custody disputes and often result in supervision.  Some examples of these additional punishments are as follows:

• Probation
• As much as one thousand hours of community service for a criminal offense
• The installation of a device that interlocks the ignition
• Successful completion of an education program on alcohol or drugs
• Attendance to a driving under the influence (DUI) school or a driving under the influence (DUI) school for repeat offenders and/or any extra costs mandated by the court.

In the state of Texas, the imposition of these extra fines and their severity will be determined by a number of circumstances, including the following:

• In most cases, whether an impaired motorist had a criminal record in the past.
• Impaired motorist has previous convictions for driving while intoxicated, more particularly.
• A child passenger, another passenger in the same or another car, or a pedestrian sustained significant physical injuries as a result of an accident.
• An impaired motorist is responsible for an accident that results in the death of a passenger or pedestrian.

If any of the aforementioned scenarios play out, then the DWI accusation with a child passenger will certainly be accompanied by further penalties. If the collision that was caused by the suspected drunk driver had a child passenger who was hurt, the driver might be prosecuted with intoxicated assault with serious bodily harm in addition to the drunk driving charges. In the event that more than one person is hurt, the individual suspected of driving under the influence of alcohol might be charged with several counts of drunken assault in addition to driving while intoxicated while transporting a kid. In a similar vein, if a suspected drunk driver who was transporting a kid was involved in a car accident that resulted in the death of another person, the driver might be prosecuted with intoxication manslaughter in addition to the charge of driving while intoxicated while transporting a child.

Additionally, if the driver has a prior felony conviction(s) at the time that he or she is charged with a felony DWI with a child passenger, then he or she may be considered a habitual criminal offender, and the penalties will reflect this status. If the driver has been charged with a felony DWI with a child passenger, then he or she has been charged with a felony DWI with a child passenger

COLLATERAL CONSEQUENCES OF BEING CHARGED WITH DWI INVOLVING A CHILD PASSENGER

Even if criminal and civil consequences are severe, drinking and driving when a child or children are present in the car creates conditions that increase the risk of an accident or other serious incident. Because of the second factor, the collateral repercussions of the charge alone are severe and dissimilar to any other collateral damages linked with the vast majority of other offenses. The normal repercussions that come with having a criminal record, issues with child protective services (CPS), and the loss of some parental rights if the child’s other parent initiates a custody suit.

CONSEQUENCES OF COLLATERAL ACTIONS: GENERAL

The inability to overcome the stigma that comes with having a criminal history can make it difficult to get work, obtain or maintain a professional license, obtain or maintain scholarships or student loans, as well as discover or retain housing.

CPS INVESTIGATIONS

In addition to these additional repercussions, a person charged with driving under the influence of alcohol while transporting a child will most likely run into issues with the state’s Child Protective Services (CPS). Any suspicion of child abuse or neglect must be reported to Child Protective Services in accordance with the Texas Family Code. If this legislation is followed, as soon as you are charged with driving while intoxicated, the arresting officer and/or the prosecutor will be required to make a report to Child Protective Services (CPS). This report will have long-term repercussions that might have extremely negative consequences. The following are some potential repercussions:

If the police are unable to find another member of the family, the kid or children will be taken into care by the Child Protective Services at the moment of the arrest.

• If you are in the midst of a divorce, this charge, which does not even require a conviction, may and will effect child custody issues. This is true regardless of whether or not those matters had previously been resolved.
• If you currently have a visitation or shared custody arrangement in place, this charge and/or subsequent conviction might make those arrangements more difficult to fulfill.

COLLATERAL CONSEQUENCES: LOSS OF CONSTITUTIONAL RIGHTS

You will still be subject to extra collateral repercussions, including the loss of three particular fundamental rights, even though the child was not your own. As a convicted felon, you lose:

• The Freedom to Cast a Vote
• A Right to Keep and Bear Arms
• The Obligation and the Right to Serve on a Jury
• A conviction for felony driving while intoxicated with a child passenger can result in the loss of your right to own a firearm as well as the inability to participate in some civic tasks. This second circumstance is especially troublesome if your employment depends on your ability to own a handgun, such as being a police officer, a border patrol agent, a member of the military, or a security guard. Your professional life and the general quality of your life are both impacted as a result of these factors.

Because of the seriousness of this type of DWI offense, you must build a strong defense and be prepared to fight because the prosecution will not let this type of case go easily.   You owe it to yourself to defend aggressively against the accusation in order to save your future.  The DWI Criminal Defense Lawyers at Ridgely Davis Law in Frisco, TX serving Collin, Dallas, Denton and surrounding counties have the expertise, the information, the resources, and the reputation to defend your case.

BATTLING AN ACCUSATION OF DRIVING WHILE INTOXICATED WITH A CHILD PASSENGER IN Frisco AND ALL OVER TEXAS

You have the legal right to mount a defense against the allegation of driving under the influence while there was a minor passenger in the vehicle. This DWI defense will be quite similar to other driving while intoxicated charges in the majority of circumstances. Nevertheless, an additional component of this felony is the presence of a minor younger than 15 years old in the vehicle at the time of the crime. To escape a conviction, it is sufficient to demonstrate that the state has failed to show even a single element necessary for the commission of the crime. In the next section, we will go through some of the most prevalent defenses that are used in DWI cases with children as passengers.

REASONABLE DOUBT

We’ve all heard the standard of a criminal conviction before on TV and that is “beyond a reasonable doubt.”  This is a very high standard and in many circumstances, a defense that consists of doing little more than holding the prosecution to the burden of proof is a straightforward strategy that can be effective. If the state fails to show every aspect of the crime of driving under the influence of alcohol while transporting a minor passenger against you, then the jury has no choice but to acquit you of the charge. If your blood alcohol content (BAC) was at or below the legal limit, or if there was minimal proof of your drunkenness, this may be a possibility for you. You should contact the experienced DWI With Child Criminal Defense Lawyers at Ridgely Davis in Frisco, Texas to strengthen your defense arguments.

CONFRONTING THE Officer AT THE STOP

You should contest the reason the police pulled you over as the first step in defending yourself against any drunk driving charge, including a felony DWI charge where there is a minor passenger under the age of 15. In many cases, the explanation that is given for the stop is only an opinion that is not backed by any objective foundation in reality that is legitimate. It is not within the purview of law enforcement to pull over every vehicle they come across. In order for a law enforcement officer to pull you over, they need to have a good basis to suspect that you are driving while under the influence or breaking some other traffic law. This might refer to anything from driving too fast to ignoring a stop sign entirely. Your experienced DWI with Child Criminal Defense Lawyer at Ridgely Davis Law may be able to have any evidence that was gathered during or after the traffic stop, including your DWI, thrown out if it can be proven that the police lacked reasonable suspicion when they stopped your car. An experienced, skilled, DWI with child Criminal Defense Lawyer knows how to successfully expose and challenge illegal stops and intrusions into the right of American citizens to be free from unreasonable search and seizure. This can be done by successfully exposing illegal stops and intrusions into the right of American citizens.  Schedule a Free Initial Case Evaluation with the Collin & Denton County DWI with Child Criminal Defense Lawyers at Ridgely Davis Law in Frisco, Texas to learn if your case has strong arguments to challenge the stop of the arresting officer and potential result in a dismissal of your felony DWI with child offense.

CHALLENGING THE DETENTION

After the initial reason for the stop has been established, the next step is to contest the foundation for the detention in order for the officer to justify further examination of a possible DWI. The United States Supreme Court and the Texas Court of Criminal Appeals have both ruled that the police must use the methods that are the least intrusive in order to quickly disprove or confirm any evidence that may be used to further justify releasing an individual or continuing to investigate a crime. When police officers fail to investigate or articulate the reasonable suspicion that criminal conduct is afoot, they frequently violate the law. This is one of the most common ways in which police officers break the law. An experienced, skilled, Collin & Denton County DWI with Child Criminal Defense Lawyer knows how to successfully challenge illegal detentions that result in unreasonable intrusions into the right of Americans to be free from unreasonable searches and seizures.

Putting Your Balance to the Test with Roadside Exercises

If you willingly conducted the police officer’s gymnastic exercises on the side of the road, it is quite easy to question the use of these subjective instruments. To begin, not everyone can participate in these balancing and coordination stunts since they require a certain level of physical ability. These police exercises are difficult enough that even fit, sober persons can fail them. Second, the way in which law enforcement officials award “points” for participation in these drills is clearly biased and extremely arbitrary. Police officers will provide a “clue” for anything, even if it was caused by automobiles speeding by, the weather, anxiousness, or the police not counseling the individual enough on what to do. “Field sobriety tests” is the name given to these activities that are conducted by the police. You may rest confident that these activities do not reflect the findings of modern science.

DEBUNKING THE TEST

If you agreed to take a blood, breath, or urine test to measure your blood alcohol content (BAC) at the time of the arrest, there are a few different ways that you can contest the results of that test in court. The results of your test will only be reliable if the procedures for collecting and analyzing the sample were strictly adhered to by the relevant personnel.

The officer who is taking the sample could inadvertently taint it in various circumstances. This may take place if the appropriate length of time is not allowed to pass before beginning the breathalyzer procedure. When collecting samples of blood or urine, any interaction with another material poses the risk of contamination.

It is also feasible to contest the test on the basis of errors that were committed in the laboratory. Employees of the testing facility who contaminate samples, mix up specimens, or fail to follow other testing processes may also be responsible for producing false-positive test results. Any of these behaviors might potentially result in a successful move to hide the test results.

BLOOD TESTS AND POSSIBLE CASES OF DWI INVOLVING CHILDREN AS PASSENGERS

Because of certain case decisions, Warrants are needed to draw a suspects blood to test their levels for alcohol.  In some counties, this makes Blood Warrants not very frequent, but in counties where there are lots of resources, they have increased the number of magistrates who remain on duty 24 hours a day, seven days a week. In certain locations, there is a policy known as “no refusal weekends,” which requires judges to stay on-call specifically for the purpose of approving search warrants on the weekend. This policy applies regardless of the time of day or night.

In these instances, you need a DWI with Child Criminal Defense Lawyer that knows how to effectively dispute blood testing processes and how to challenge the validity of search warrants in court. A person who is accused of driving while intoxicated with a child passenger in the vehicle needs to hire an experienced DWI attorney who is well-versed in the applicable laws, such as those pertaining to search and seizure, the procedures and science of blood tests, and police procedures.  The Frisco DWI with Child Lawyers at Ridgely Davis Law are ready to help in these challenging DWI scenarios in Collin, Dallas, Denton and surrounding counties.

IMMEDIATELY SEEK THE COUNSEL OF An Experienced DWI with Child Defense Lawyer

Your profession, reputation, and capacity to make a living might all be put in jeopardy if you are convicted of a crime punishable by state prison. It is vital that you discuss your case with a trusted and qualified DWI with Child Criminal Defense Lawyer in Frisco, TX and fight the allegation of DWI with a child passenger.  Do not put your rights in peril by allowing a Texas driving while intoxicated charge with a child passenger to occur. Get in touch with Ridgely Davis Law DWI Criminal Defense Lawyers right now to get the experienced legal guidance you want.