Although usually unintentional, people are arrested and jailed everyday in Houston for drinking & driving, or drinking and then driving later on, with a child present in the vehicle.
These are some the worse criminal cases for defendants to deal with. Even worse than drug charges & assault.
They’ll Say You Threaten Public Safety
The jury is skeptical of the defendant’s character, the prosecutor has example to make; which may seem like a vendetta since there’s a child involved, and the judge might not care for you either because of the negative public connotation associated with people who drive while legally intoxicated; “sudden death waiting to happen”.
Attorney Jack B. Carroll knows how to deal with these situations, and how important it is to prove that you were actually intoxicated for the prosecution, and how to hold them accountable for the proof.
The burden of proof involves the State of Texas proving, beyond a reasonable doubt, that you were, in fact, intoxicated. If they aren’t able to prove you were intoxicated, and can’t prove their evidence valid, or if their evidence is inadmissible, you walk.
Penalties if Convicted for DWI/Child Passenger
DWI with Child Passenger cases are classified as State Jail Felony offenses.
- Fine: up to 10,000.
- State Jail Time: 6 Months to 2 Years
- Texas Drivers License Suspension: 180 days to 2 years
In a lot of the DWI trials, in which we’ve won for our clients, it was either based on the biochemical nature of the evidence, security footage of the defendant, the defendants rights being violated, or there simply being problems with, or a lack of, credible evidence.
Do not give up on your case, do not give in, it may be winnable.
Experienced DWI Defense
If you’re facing prosecution for DWI with a minor in the vehicle, attorney Jack B. Carroll can offer you advice, and the guidance of his experience, in helping you in making the best decision about how to address the situation.
Houston DUI attorney Jack B. Carroll is a Board Certified® criminal law expert per the Texas Board of Legal Specialization, and has fought tirelessly for the respect, dignity, and freedom of his clients for nearly 25 years.
If you need help with your personal legal matter consider taking advantage of our FREE CONSULTATION & FREE CASE REVIEW.