DWI With A Child And The Potential Punishment?

July 31, 2023August 11, 2016 by Jim Slaton

(713) 524-1010

DWI with A child and the potential punishment

DWI With Child Passenger is a very serious charge, according to the State of Texas, DWI With a Child Passenger is applicable in situations where:

A person commits an offense while operating a motor vehicle in a public place; and the vehicle being operated by that person is occupied by a passenger who is younger than 15 years of age

Penalties For A DWI With A Child

Due to the severity of the charge, penalties are often equally severe . DWI with a Child is considered a state jail felony in Texas, which can result in a fine of up to $10,000 and confinement in a state jail for any term not more than 2 years, or less than 180 days. It can also result in a driver’s license suspension ranging from 90 days to 2 years.

Upon conviction, you will be assessed an annual $1000-$2000 surcharge fee each year for 3 years in order to retain your driver’s license. Felony convictions, including State Jail Felony convictions, also disqualify that person from voting and possessing a firearm.

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DWI With A Child And The Vehicle Ignition Interlock Device

As a condition of bond, the court may require that you install a vehicle ignition interlock device on your car, and you will not be allowed to operate any motor vehicle that is not equipped with an interlock device.

The interlock device determines the presence of alcohol in your breath, and if it detects a certain level of alcohol, the vehicle will be temporarily disabled.

Additional Considerations, Penalties, and Potential Court Orders

Additionally, the courts will order the accused to abstain from alcohol use and the use of controlled substances without a prescription. The courts may enforce this by ordering random drug testing. In some circumstances, the court may order the accused to abstain from operating a motor vehicle while the case is pending.

What To Do If You’ve Been Arrested For DWI With A Child

If you’ve been charged with or arrested for DWI with a Child, working with professional legal counsel may help you better understand your charges, court proceedings, and any potential penalties associated with the charges and potential conviction.

The Texas DWI specialists at Trichter & LeGrand can help you navigate the complex and often confusing legal process surrounding DWI with a Child cases.

With thousands of DWI cases under our belt, many of which fit the special circumstances of DWI with a Child or other variations on a standard DWI, we have a great deal of experience and familiarity with details that may be relevant to your case.

We’ll do everything we can to work towards a favorable outcome in your case.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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What is DWI Second and the potential punishment?

July 28, 2023August 11, 2016 by Jim Slaton

What Is A DWI 2nd? DWI Lawyers Trichter & LeGrand Law Firm

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DWI 2ND: CONVICTION AND CONSEQUENCES

According to the State of Texas, a DWI 2nd charge occurs when you are arrested for DWI with a previous driving while intoxicated conviction on your record. A DWI 2nd charge is serious, and there is no time limit between a DWI 2nd charge and your previous DWI conviction.

That Means Any Subsequent Dwi Could Be Enhanced to a Dwi 2nd, Which Also Increases the Severity of Consequences if You Are Successfully Convicted of a Second Offense Dwi. If You Are Facing a Potential Dwi Second Conviction, Consider Calling a Professional Dwi Attorney to Help You Better Understand Your Case and Potentially Defend Against the Charges.

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Defending for a Dwi Second Offense Is Difficult Because the Jury Will Know From the Beginning That the Driver Has a Prior Dwi on Their Record. The Information Suggests to Most Juries That the Defendant May Have a Habit or Propensity Towards Driving While Intoxicated.

This Is Escalated a Step Further for Dwi Thirds, as Two Previous Dwi Convictions May Suggest to a Jury That the Defendant Is Even Further Inclined to Drive While Intoxicated Again. The Issue With These Cases Is the Immediate and Direct Bias Generated by Providing This Information to the Jury.

Due to the Fact That These Cases Are So Driven by Bias, It’s Even More Important to Aggressively Fight Dwi First Charges.

What is a DWI Second and What are the Consequences

Dwi Second Is a Class a Misdemeanor Which Has a Punishment Range and Fine of No More Than $4,500 and/or a Jail Sentence From 30 Days to 1 Year. It Is Also Possible to Have Your Driver’s License Suspended for a Range of 180 Days to 2 Years.

Additionally, if a Jail Sentence Is Probated, the Consequences for Dwi Second Probation Include a Mandatory 3 Days in the County Jail if You Have a Prior Conviction Over 5 Years Old, or 5 Days in the County Jail if You Have a Conviction Within 5 Years.

As You Can See, Dwi Second Offense Convictions Can Significantly Impact Your Life Depending on What Combination of Legal Consequences You Face. Working With a Dwi Attorney Can Help You Navigate the Complexities of Your Case, Previous Convictions, and Any Potential Consequences.

Additional Potential Consequences and Charges

Upon Being Convicted, There Is an Annual $1,500 to $2,000 Surcharge Fee Every Year for 3 Years in Order to Retain Your Driver’s License.

If You Are Charged With a Subsequent Offense of Dwi or a First Offense of Intoxication Assault or Intoxication Manslaughter, as a Bond Condition You Are Required to Install a Vehicle Ignition Interlock Device on Your Car and Will Not Be Allowed to Operate a Motor Vehicle That Is Not Equipped With an Interlock Device.

The Interlock Device Detects the Presence of Alcohol in Your Breath, Limiting the Car’s Mobility if Detection Is Positive. The Court Will Also Order the Accused to Abstain From Alcohol Use and the Use of Controlled Substances Without a Prescription. The Court May Enforce This by Ordering Random Drug Testing.

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What happens to my pilot’s license if I’m arrested for DWI?

October 28, 2020August 11, 2016 by Jim Slaton

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What happens to my pilot's license if I'm arrested for DWI?

DWI and pilot license do not mix. The penalties are severe and potentially career ending.

If you are a licensed pilot and you’ve been convicted of DWI, you must file a pilot’s first-class medical application and report your status within 60 days of your conviction to the FAA as well as to the Civil Action Security Division in Oklahoma City, Oklahoma.

DWI and Pilot’s License: The Effects

Also, if your driver’s license has been suspended because you refused the breath or blood test, you must report the actions taken by the court as a result of your DUI conviction.

Further, if your pilot’s license is suspended through DMV proceedings, you must report to the FAA Civil Action Security Division within 60 days.

It’s important that you report your DWI conviction or driver’s license suspension, because failure to do so will risk further, even sharper penalties including loss of your pilot’s license.

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What is BWI and the potential punishment?

October 28, 2020August 11, 2016 by Jim Slaton

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What is BWI and the potential punishment?

BWI (Boating While Intoxicated) Is When You Operate A Watercraft While Intoxicated.

BWI is just as serious a charge as a DWI, and its punishments are exactly the same as for DWI, including the same surcharges and license suspensions.

A first-offense BWI conviction with a BAC less than .15 is a class B misdemeanor and includes the possibility of a fine not to exceed $2,000 and/or a jail sentence from 3 days to 180 days, and a driver’s license suspension of 90 days to 365 days.

However, if you are found to have a BAC of .15 or more, a first-offense BWI becomes a class A misdemeanor; the punishment range increases to a fine not to exceed $4,000, and the possible jail time increases to 1 year.

If you are convicted, you will be assessed an annual $1,000-$2,000 surcharge fee each year for a period of 3 years in order to retain your driver’s license.

Subsequent BWI Offenses

For a first-offense BWI, bond conditions are a matter of discretion for the court.

However, if you are charged with a subsequent offense of BWI, DWI, or FWI in Texas or a first offense of intoxicated assault or manslaughter in Texas, you are required to install a vehicle ignition interlock device on your car and are not allowed to operate a motor vehicle without an interlock device.

This interlock device determines the presence of alcohol in your breath.

If the device detects a certain level of alcohol, the vehicle is temporarily disabled.

BWI Additional Requirements

A judge may, however, decide that justice would not be served by installing an interlock device on your vehicle, and can excuse its installation.

Conversely, some judges require that all DWI defendants, even first offenders, install an interlock device on their car.

Additionally, the court will order an accused to abstain from alcohol use and use of controlled substances without a prescription.

The court may enforce this by ordering random drug testing.

The attorneys at Trichter & LeGrand, PC, have years of experience with Texas boating laws regarding BWI in Houston, Conroe, Livingston, Galveston, and elsewhere.

We understand that a BWI arrest can damage your valuable reputation the same way that a DWI or DUI arrest can.

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What is the Intoxilyzer 9000 and associated problems?

October 28, 2020August 11, 2016 by Jim Slaton

Intoxilyzer 9000 DWI breath test machine BAC Testing

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What is the Intoxilyzer 9000?

Texas is currently replacing the Intoxilyzer 5000 EN and transitioning to the Intoxilyzer 9000 for breath alcohol testing.

According to the manufacturer, the device works on the basis of infrared light absorption by alcohol detected in a person’s breath.

According to the manufacturer and the Texas Department of Public Safety (DPS), the device subtracts the amount of light absorbed from the person’s alcohol breath sample, compares that amount with the amount of light originally introduced by the device into its testing chamber, and prints the difference as a test result.

Intoxilyzer 9000 Flaws

The theory is that the alcohol molecules block/absorb a certain amount of light which results in a less light getting through to the detector.

The machine computes the reduced amount light caused by the alcohol molecules.

The Intoxlyzer 9000 is neither perfect nor expensive (@$7,600).

Moreover the machine is not warranted to be accurate nor reliable for human testing.

Rather, it’s warranted to be able to analyze a reference sample solution provided by the manufacturer.

This simulator and solution can be loosely described as a heated peanut butter jar with alcohol/water mixture with air on top.

It does not accurately or reliably replicate human lung function.

There are many natural interferences in a person’s breath that may also block infrared light.

For example, moisture, acetone (a natural occurring substance produced by people on low-carbohydrate diets), ketones and tobacco smoke.

Intoxilyzer 9000 delayed

The DPS’s Breath Alcohol Testing Program has delayed the implementation of the Intoxilyzer 9000, which was originally scheduled for forensic evidential use in summer 2015.

Much is already known, from use in other states, about the Intoxilyzer 9000’s deficiencies. An experienced DWI lawyer can educate the court and a jury about the deficiencies of the machine’s accuracy and reliability.

Additionally, there are certain upgrades that have been included in the Intoxilyzer 9000 that DPS has chosen not to include in the models it uses for the citizens of the state of Texas.

The Intoxilyzer 9000 includes the capabilities to print a histogram that shows a subject’s breath flow, volume, and duration during a blow.

The histogram can aid in determining whether a test is contaminated by mouth alcohol.

By allowing review, both the defense and the state can determine whether there was sufficient slope in a sample.

Both Colorado and Georgia are providing this safeguard to their citizens, but DPS has demonstrated that it doesn’t believe the citizens of the state of Texas deserve the same protection.