Raising a kid in Dallas TX is a mix of both challenging and fun. You get the wide variety of resources you need, from good high schools to interactive entertainment. But what happens when upon exploring Dallas TX, with your kids, police pull you over with the reasonable suspicion of DWI? If you find yourself in this predicament, you need to hire a DWI lawyer you can trust who has handled cases involving DWI arrests of parents who had kids in the car.
Dallas TX Law
The Texas state legislature has enacted more stringent regulations against driving while intoxicated. Dallas TX lawmakers strengthened the penalties for DWI with a minor passenger, passengers under 15. The state has changed the classification of DWI with a minor passenger from a misdemeanor to a felony.
If you are arrested for a DWI while traveling with a child under 15, you should prepare for even harsher penalties, such as probation or possible jail time. That is why hiring a highly DWI attorney with a track record of getting excellent outcomes not only helps you build your defense and protect your child with this lengthy legal process. If the matter is not properly handled, a DWI with a kid passenger under 15 is treated more seriously than a misdemeanor DWI.
In Dallas TX, DWI with a child is considered a felony. The Texas Penal Code Chapter 12 § 49.045 states that an arrest for driving while intoxicated while carrying a child in the vehicle results in a 180-day automatic license suspension.
You can get charged $10,000 in maximum fines. If the court finds you guilty, jail time may be a 2-year sentence with accusations of additional child endangerment lawsuits.
Forced BAC Test
There are certain circumstances in Dallas TX where a BAC test may be required. A DWI involving a child may require you to submit to a blood or breath testing, even against your will. Unless your DWI attorney discovers a way to withdraw the test from evidence, it is legal evidence in court.
When you are charged with a DWI with your child inside, your DWI attorney can still use some defense to make your BAC test dismissed. Dismissal includes illegally taking a test. They may also argue that it was contaminated due to improper storage.
The breathalyzer test may also be faulty when not adequately maintained. Lastly, they can say that even if it was taken against your will, a licensed professional may not do the test.
The Texas Family Code is also strict in recording and notifying cases that involve child custody. Alleged neglect or abuse of children is a sign to report a formal complaint to the authorities.
The prosecution immediately files a complaint once someone is accused of DWI while the children are in the car. If you already have a shared custody arrangement, this could have long-term effects on your ability to keep custody of your kids and complicate visitation.
The children will also need to go into custody if police cannot find another family member to supervise them after you, their parent, is detained and arrested.
Hire A DWI Attorney
As a parent, you may be anxious about losing custody of your child or facing jail time and not being around them. With the accusation of DWI in Dallas TX, worry less because there are many options to avoid a felony conviction.
Talk to an experienced DWI attorney from The Medlin Law Firm to help you build your defense. Worry less about compromising your and your child’s relationship because they have handled multiple successful DWI cases.
More Info
The Medlin Law Firm in Cybo
Driving Directions
The Medlin Law Firm
2550 Pacific Ave #866
Dallas, TX 75226
(214) 888-4810
