In the State if you are arrested for DWI and have a child younger than 15 years of age, the State can increase the offense from a misdemeanor to a felony. Therefore, if this happens, you may face serious felony criminal charges with increased penalties of up to 2 years in a State Jail.
The law the prosecutor must prove beyond a reasonable doubt in order for you to be found guilty of DWI with Child Passenger is found in Section 49.045 of the Texas Penal Code as follows:
(a) A person commits an offense if:
(1) the person is intoxicated while operating a motor vehicle in a public place; and
(2) the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.
(b) An offense under this section is a state jail felony.
Obviously the consequences you may face if you are convicted of a DWI with a child in your vehicle requires an experienced attorney to defend you in criminal court. Therefore, please contact Dallas DWI lawyer, Murray L. Bristol, a former prosecutor that knows both sides of the law and understands what it takes to defend you if you are charged with a felony DWI with child. He will be glad to provide a free consultation and answer your questions. Call him today at 214.880.9988.