In Texas, it’s illegal to drive with a blood alcohol concentration
(BAC) of .08% or more, but it is possible for a person to be arrested for
driving while intoxicated (DWI) due to driving under the influence of alcohol or drugs, regardless
of their BAC.
All that has to be proven is that their ability to drive safely was somehow
impaired. Aside from DWI, a driver can face additional criminal charges
if he or she drives under the influence with a child passenger in their vehicle.
DWI with a Child Passenger
Since parents cannot leave young children at home unsupervised, mothers
and fathers of young children and preteens frequently have to take their
children with them almost everywhere they go. Often, these trips involve
a family gathering or barbeque, or dinner with friends.
When parents drink alcohol at a family gathering, a restaurant, or even
at home and then climb behind the wheel with their children in the vehicle,
they can be charged with child endangerment, also known as “endangering
a child” under Section 22.041 of the Texas Penal Code.
In Texas, you can be charged with DWI
and child endangerment if you drive while intoxicated and have a passenger
under the age of 15 in your vehicle. Endangering a child under Sec. 22.041 is a
state jail felony. The penalties for DWI with a child passenger, include:
- Up to a $10,000 fine
- Up to two years behind bars
- Loss of driver’s license for six (6) months
Under Sec. 22.041, a person commits child endangerment whenever they engage
in conduct that places a child in imminent danger of bodily injury, mental
impairment, or death and they do so intentionally, recklessly, or with
Since driving under the influence is extremely dangerous and places a child
at risk of bodily injury or death, DWI with a child passenger falls under
the category of endangering a child, and is therefore prosecuted separately from DWI.
If you were arrested for DWI with a child passenger, you need to protect
yourself and your family.
Call The Zendeh Del Law Firm, PLLC today!