Getting a driving while intoxicated (DWI) conviction in Texas is already associated with harsh penalties, such as jail time and fines. However, if you get arrested for DWI with a child passenger in your vehicle, you may face increased punishment. This crime will be prosecuted as a state jail felony. A qualified Bryan DWI child endangerment lawyer may be able to help. There is a chance you can have your penalties reduced or your entire case dismissed.
At Shane Phelps Law, we can provide the experienced and skilled legal representation necessary to obtain the outcome you desire and put this mistake behind you. Our Bryan DWI defense attorney has a comprehensive understanding of Texas driving laws and court proceedings.
- Why Choose the Law Office of Shane Phelps for a DWI Child Endangerment Charge?
- Our Law Office in Bryan, Texas
- Texas DWI Laws
- Texas DWI Child Endangerment
- CPS Involvement in DWI Cases with Child Passengers
- DWI Child Endangerment Impact on Your Life and Livelihood
- How Can a Lawyer Help if You’re Facing a DWI Arrest Involving a Child Passenger?
- Contact Bryan, Texas, Lawyers at the Law Offices of Shane Phelps
Why Choose the Law Office of Shane Phelps for a DWI Child Endangerment Charge?
We understand the stress and uncertainty that come with facing criminal charges, especially when they involve allegations of endangering a child. Our team provides compassionate and supportive legal representation, guiding you through every step of the legal process with care and empathy. With over 30 years of experience, the Law Office of Shane Phelps boasts a deep understanding of Texas driving laws and court proceedings, particularly regarding DWI cases involving child endangerment.
This experience enables us to craft effective defense strategies tailored to your specific situation. Our goal is to achieve the best possible outcome for you. When facing a DWI child endangerment charge, you can trust the Law Office of Shane Phelps to provide you with the strong legal representation you need. Schedule a free consultation with us today to discuss your case and learn how we can help protect your future. Call us today at 979-773-7028.
Our Law Office in Bryan, Texas
The Law Office of Shane Phelps, P.C., is located at 400 N. Washington Avenue, Bryan, TX 77803. We are in the heart of Bryan, at the corner of E. 23rd Street. Contact us for a free consultation.
Texas DWI Laws
In Texas, DWI (or DUI) refers to driving with a blood alcohol concentration (BAC) of 0.08% or higher. It also applies to driving while under the influence of drugs. It is illegal for people younger than age 21 to drive with any detectable amount of alcohol in their system. Texas DWI laws are spelled out in the Penal Code, Title 10, Offenses Against Public Health, Safety, and Morals, chapter 49, Intoxication and Alcoholic Beverage offenses.
Texas DWI Child Endangerment
You can be convicted of child endangerment for driving while intoxicated if you’re carrying a passenger who is younger than 15 years of age. This offense is punishable by a maximum state jail sentence of two years, a fine of up to $10,000, and the loss of your driver’s license for 180 days.
CPS Involvement in DWI Cases with Child Passengers
In cases of DWI with a child passenger, there is a significant possibility of Child Protective Services (CPS) becoming involved. When law enforcement discovers a child in a vehicle during a DWI arrest, they are required to report the incident to CPS. CPS will then investigate to assess the safety and well-being of the child involved.
The potential ramifications for parental rights and custody arrangements can be severe. CPS has the authority to initiate legal proceedings to remove the child from the home if they determine that the environment is unsafe or poses a risk to the child's welfare. This can lead to temporary or permanent removal of the child from the custody of the parent or guardian.
Furthermore, a DWI conviction with a child passenger can have a significant impact on family court proceedings. A parent who is convicted of DWI child endangerment may face challenges in retaining custody or visitation rights, as the court may view their actions as evidence of irresponsible or dangerous behavior that is not in the best interests of the child.
In some cases, CPS may require parents to complete parenting classes, undergo substance abuse treatment, or comply with other court-ordered interventions as a condition of reunification with their child. Failure to comply with these requirements can further jeopardize parental rights and custody arrangements.
Overall, the involvement of CPS in cases of DWI with a child passenger underscores the serious legal and social consequences of such offenses. It is essential for parents facing these charges to seek legal representation from an experienced DWI child endangerment attorney who can advocate for their rights and help mitigate the potential impact on their parental rights and custody arrangements.
DWI Child Endangerment Impact on Your Life and Livelihood
A DWI conviction, especially when a child is present in the vehicle, can have profound implications for employment opportunities and professional licenses, particularly in fields that involve driving or working with children.
Many jobs require employees to operate vehicles as part of their duties, such as commercial drivers, delivery drivers, transportation workers, and others. A DWI conviction can result in the suspension or revocation of a driver's license. Even if driving is not the primary responsibility, employers may conduct background checks and consider DWI convictions as grounds for disqualification.
Certain professions require individuals to maintain professional licenses, such as lawyers, healthcare professionals, teachers, childcare providers, and others. A DWI conviction, especially with a child in the vehicle, can raise concerns about your judgment, reliability, and ability to uphold professional standards. Licensing boards may impose disciplinary actions, including suspension or revocation of licenses, based on ethical or moral fitness criteria.
Many employers conduct background checks as part of the hiring process to assess an applicant's criminal history. A DWI conviction, particularly with aggravating factors like endangering a child, can negatively impact your chances of securing employment, especially in competitive fields or positions of trust.
Individuals working in childcare centers, schools, or other educational settings are often already subject to stringent background checks and must meet specific eligibility criteria to ensure the safety and well-being of children. A DWI conviction, especially involving child endangerment, may disqualify you from working in these roles or require you to undergo additional scrutiny or monitoring.
A DWI conviction can tarnish your professional reputation and credibility, potentially leading to the loss of clients, business opportunities, or professional relationships. Employers, colleagues, and clients may view the conviction as a reflection of poor judgment or character, impacting your standing in the professional community.
How Can a Lawyer Help if You’re Facing a DWI Arrest Involving a Child Passenger?
A lawyer can provide invaluable assistance to individuals facing DWI child endangerment charges by offering strategic guidance and advocacy throughout the legal process. Here's how a lawyer can help:
- Legal Defense Strategies: A skilled DWI child endangerment attorney will thoroughly review the details of the case to identify any potential defenses. This may include challenging the validity of the traffic stop, questioning the accuracy of chemical test results, or disputing the evidence presented by the prosecution.
- Negotiating Plea Bargains: In some cases, it may be beneficial to negotiate a plea bargain with the prosecution. A lawyer can leverage their negotiation skills and knowledge of the legal system to pursue reduced charges or penalties. This may involve pleading guilty to a lesser offense or agreeing to alternative sentencing options in exchange for a more favorable outcome.
Exploring Alternative Sentencing Options
For individuals charged with DWI child endangerment, alternative sentencing options may be available as an alternative to traditional incarceration. These options may include:
- Probation: Instead of serving jail time, you may be placed on probation, during which you must comply with certain conditions set by the court. This may include regular check-ins with a probation officer, attending counseling or treatment programs, and refraining from alcohol consumption.
- Community Service: The court may order you to perform a specified number of hours of community service as a form of restitution for your actions. Community service allows you to contribute positively to the community while serving your sentence.
- Participation in Alcohol Treatment Programs: If alcohol dependency or abuse is a factor in the DWI offense, the court may require you to participate in alcohol treatment programs. These programs aim to address underlying issues related to alcohol use and help you make positive changes in your behavior.
If the case goes to trial, a lawyer will advocate for the client's rights and present a compelling defense in court. This may involve cross-examining witnesses, presenting evidence on behalf of the client, and making persuasive arguments to the judge or jury.
Throughout the legal process, a DWI defense lawyer provides guidance, support, and reassurance to the client. They explain the legal proceedings, advise on the best course of action, and offer emotional support during a challenging time.
Contact Bryan, Texas, Lawyers at the Law Offices of Shane Phelps
If you're facing a DWI child endangerment case in Bryan, Texas, you don't have to navigate this challenging situation alone. The Law Office of Shane Phelps stands ready to provide you with the seasoned legal representation you need to protect your rights and achieve the best possible outcome.
With extensive experience in criminal defense, our team understands the intricacies of Texas DUI law and is committed to fighting tirelessly on your behalf. Based locally in Bryan, we are deeply familiar with the legal landscape and court proceedings in Texas, ensuring that our clients receive personalized attention and guidance every step of the way.
Don't let a DWI child endangerment charge derail your future. Take proactive steps to protect your rights and secure your freedom by contacting the Law Office of Shane Phelps today. Your future is too important to leave to chance. Call us today at 979-773-7028 or contact us online to schedule a free consultation with our Bryan DWI defense attorney. We are available 24/7 to assist you.
