While a first-time offense typically constitutes a misdemeanor, the legal landscape shifts dramatically if a minor is present. What would otherwise be a localized lapse in judgment quickly escalates into a felony-level prosecution.
Where Texas law stands on this issue
Under Texas law, you may face a state jail felony charge if you are operating a motor vehicle while intoxicated with a passenger who is younger than 15 years of age. Because this counts as child endangerment, the courts view the presence of a minor as an aggravating factor that demands a harsher response. If convicted, you will face these penalties:
- Fines of up to $10,000
- Jail time ranging from 180 days to two years
- A state jail felony conviction on your permanent record
- Loss of driver’s license for up to two years
Aside from these penalties, you can also face life-altering consequences.
How a felony impacts your family and future
The courts prioritize a child’s safety, especially when determining their best interests. This means a judge can temporarily or permanently change your custody rights. Should you retain visitation rights, your visits often include supervision.
Moreover, a felony can significantly affect your livelihood. Employers can view such an offense as a red flag, but one involving a child can make future employment in many sectors nearly impossible.
Facing a DWI charge with legal assistance
You are likely feeling a mix of guilt and overwhelming fear right now. While the road ahead appears difficult, you can still challenge a DWI charge. However, this requires a strategic defense. Seeking legal counsel is the best course of action to move forward.