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DWI with Child Passenger

A first offense of driving while intoxicated (DWI) in Texas is typically classified as a Class B misdemeanor. However, this crime becomes a state jail felony if the alleged offender had a passenger under the age of 15 in his or her vehicle.

If a person is convicted of this offense, he or she could be facing a minimum sentence of six months in a state jail. In addition to the potentially serious criminal consequences for the driver, certain cases may be considered child endangerment and can result in the Texas Department of Family and Protective Services removing the child from the alleged offender’s custody.

Plano DWI with Child Passenger Lawyer

Were you recently arrested for DWI in North Texas while a child was a passenger in your vehicle? You should not delay in seeking experienced legal representation for help obtaining the best possible outcome for your case.

The Collin County DWI with child passenger attorneys at The Law Offices of Richard C. McConathy fight to protect the rights of clients all over the greater Plano area as well as communities in Grayson County and Rockwall County. You can have our firm provide an honest and thorough evaluation of your case by calling 469-304-3422 right now to schedule a free, confidential consultation.


Collin County DWI with Child Passenger Overview


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DWI with Child Passenger Charges in Texas

This crime is classified as a state jail felony. Texas Penal Code § 49.045 states that a person commits the offense of driving while intoxicated with child passenger if:

  • He or she is intoxicated while operating a motor vehicle in a public place
  • The vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age

Under Texas Penal Code § 49.01(2), term intoxicated is defined as meaning either “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 higher. Alcohol concentration is defined under Texas Penal Code § 49.01(1) as meaning the number of grams of alcohol per:

  • 210 liters of breath
  • 100 milliliters of blood
  • 67 milliliters of urine

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DWI with Child Passenger Penalties in Plano

Following any DWI arrest, an alleged offender has only 15 days to request an Administrative License Revocation (ALR) Hearing to contest the suspension of his or her driver’s license. When a person has been charged with drunk driving while having a child as a passenger, he or she could lose his or her driver’s license for 180 days.

Additionally, the alleged offender will face separate criminal charges in state court. If he or she is convicted or pleads guilty, his or her sentence may include the following punishments:

  • Up to two years in state jail
  • Fine of up to $10,000

Additionally, a judge may also order an alleged offender to complete up to 1,000 hours of community service, attend a Victim Impact Panel, complete a DWI Education Program, undergo drug or alcohol treatment, and/or install a deep lung air device (ignition interlock device) on all vehicles he or she owns or regularly drives.


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Texas DWI with Child Passenger Defenses

An alleged offender who has been charged with this crime may also have many of the same defenses that are applicable in traditional DWI cases. Such defenses include, but are not limited to:

  • Unlawful stop of vehicle
  • Improperly administered tests
  • Child passenger was actually 15 years of age or older
  • Misleading or false statements by arresting officer
  • Inaccurate officer observations
  • Constitutional rights violation
  • Police procedural error

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Find a DWI with Child Passenger Lawyer in Collin County

If you were arrested in North Texas for driving under the influence while having a child passenger in your vehicle, you should immediately seek skilled legal counsel. The Law Offices of Richard C. McConathy has a tremendous record of success with drunk driving cases all over Texas, and we fight to get these types of DWI charges significantly reduced or dismissed.

Our firm represents clients in Plano, Garland, Richardson, Fairview, Allen, McKinney, Carrollton, Murphy, and Frisco as well as many other areas. Call 469-304-3422 today to take advantage of a free consultation that will let our Plano DWI with child passenger attorneys review your case.

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5700 Granite Pkwy #200 Plano, TX 75024
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5068 W Plano Pkwy #300 Plano, TX 75093
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Allen, TX
1333 W McDermott Dr #200 Allen, TX 75013
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Primary office location in Dallas, TX
DWI Case Results
  • DWI Blood Test Case + Prescription Meds Dismissed (Cr200606211)
  • DWI Breath Test Case, Result Of .224 Dismissed (Mb0453171)
  • DWI Breath Test Refusal Not Guilty (005-84171-05, Ccl6)
  • DWI Breath Test Refusal Dismissed (1158539)
  • DWI, Open Container Dismissed (Mb0534487)
  • DWI, Accident + Open Container Not Guilty (M0524353)
  • DWI Dismissed, Refiled As Obstruction (M0460867)
  • 2nd DWI, Breath Test Refusal Dismissed (Mb-0262214-G Ccc6)
  • 3rd DWI Breath Test Refusal Dismissed (0913260d Cdc3)
  • Intoxication Assault, Breath Test Case, Result of .17 Dismissed (F09-52586)
  • DWI, Accident Not Guilty (M0538149)
  • DWI, Evading Police Not Guilty (M0640450)
  • DWI, Passed Out At The Wheel Not Guilty (Cr200707935)
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Client Testimonials

I was charged with DWI in Collin County, Texas. I heard that this is a tough place to get a DWI charge defeated. Fortunately, I hired Richard McConathy and Brian Bolton. They took it all the way and won my case. I owe these guys alot. Don't mess with any lawyer that can't compare with these guys. Thank you Richard and Brian.

William H. Collin County DWI
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Texas Criminal Defense Lawyers Association
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