DWI With Child Passenger
The effects of an arrest and criminal charges can have long-lasting, expensive consequences on a
person’s life. Learn valuable information from a defense attorney in Austin.
Texas Penal Code § 49.045 Driving While Intoxicated With Child Passenger
Intoxicated While Operating a Motor Vehicle
Penalties for DWI With Child Passenger
- Being charged with child endangerment if you’re driving drunk with children under 15
- Being additionally fined up to $10,000
- Incarcerated for up to two years
- Losing driver license for another 180 days
Collateral Consequences of a DWI With Child Passenger
Defenses To DWI With Child Passenger Charges
Traffic Stop Itself – If a police officer notices you have a broken tail light or cracked windshield, these would be considered valid reasons for making a legal stop. The officer must have a valid reason and cannot just go by their intuition.
Violations of Your Constitutional Rights – You have rights under the Constitution. Any evidence gathered as part of an unlawful search or seizure of your property cannot be used against you. It’s a violation of your Constitutional rights. Contact your Texas DWI defense attorney if this has happened to you.
Whether the Arrest Was the Result of Probable Cause – Even though a police officer might use a roadside preliminary breath test (PBT) once he has made a traffic stop, this does not mean there is now probable cause to make an arrest. These tests are known to be inaccurate and unreliable, and the results of the PBT are not admissible as evidence. In fact, these preliminary tests are used by the police as an evidence-gathering tool to generate the probable cause necessary to make an arrest. As long as you haven’t been placed under arrest, you can refuse an officer’s request to take a PBT without facing any consequences.
Results from Any Chemical Testing – Even though police and prosecutors rely on chemical tests such as blood draws and breath tests, the results can be challenged due to the tests’ inaccuracies (i.e., measuring a driver’s BAC) and false positives (i.e., medication, medical conditions, mouthwash, or even burping). However, this is not a reason to refuse to take the test, as you could face a mandatory suspension of your driver license for such refusal.
Field Sobriety Tests – Blood draws can also be a source of false test results. In court, they can be challenged for improper testing, improper training, improper cleaning or calibration, and improper labeling or storage.
Austin DWI With Child Passenger Defense
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