DWI with a Child Passenger: What to Know

If you have a charge for a DWI with a child passenger in the vehicle, you need to act fast. With a skilled DWI lawyer, you have an advocate to help you protect your future. Schedule a free consultation today. 

Oftentimes, when we think about driving while intoxicated (DWI) charges, we picture someone walking a line in front of an officer. However, the reality is that DWI arrests are often far more complex. 

During the arrest process, law enforcement officers examine a variety of factors. Ultimately, they want to determine what a prosecutor might charge the person with. In some cases, they charge someone for a DWI with a child passenger. This is far worse than your average DWI charge. 

How Does a Minor’s Presence Change the Charge?

When someone drives drunk in a vehicle with a passenger under the age of 15, it constitutes driving while intoxicated with a child passenger. The penalties for this are much more severe than the basic DWI charge. 

Let’s take a look at the potential penalties to see how this changes the penalties. 

First-Time DWI

For a first-time DWI, you receive a class B misdemeanor. Generally, it results in one or more the following penalties. 

• Fines up to $2,000
• A jail term of up to 180 days 
• Both the fine and confinement 
• DWI education and community service

As you can see, the charges are quite serious already. However, with a child in the vehicle, you face much worse. 

First-Time DWI with a Child Passenger

Even when it’s your first offense, a DWI with a minor passenger is a felony in the state of Texas. As such, it results in the following penalties. 

• Time in a state jail for anywhere from 180 days to 2 years
• Fines up to $10,000

It’s easy to see the difference. Moreover, the maximum sentence for a first-time DWI is the minimum sentence when you involve a child. Texas takes drunk driving charges seriously. The penalties are already severe before you involve anyone else. 

Now, some people look at this information and think that they’ve never been drunk behind the wheel with a child in the car. However, it’s important to understand that your definition of “intoxicated” probably doesn’t match the state’s definition. 

DWI Charges and “Intoxication”

Typically, DWI charges stem from two different causes. First, people face DWI charges when their BAC is above 0.08%. However, it’s also possible to face DWI charges when you do not “have the normal use of mental or physical faculties” due to the introduction of alcohol to your system. 

Simply put, that means law enforcement officers have the power to arrest someone for a DWI even when their BAC falls under 0.08%. 

With this broad definition of intoxication, Texas has the power to charge someone for a DWI with a child passenger even when they “feel fine.” If you ever have a couple of drinks and get into a car with a passenger under 15, understand your situation. 

When the state convicts you of this crime, you face at least half a year of jail time – if not more. However, no one is guilty until the court reaches a decision. You need an advocate on your side to protect your rights and your future. 

Experienced Representation from a Houston DWI Defense Attorney

When you face charges for drunk driving for a DWI with a child passenger, you have the right to legal representation. However, it is crucial that you work with an experienced attorney with expertise in DWI cases. 

As a Houston criminal defense law firm, we offer legal representation backed by experience and expertise. To learn more about your legal options, schedule a free case evaluation with our team. Call now!

DWI in a Rental Car in Houston, TX

When the police charge you with a DWI in a rental car in Houston, it doesn’t matter whether you live here or not. For pleasure and for business, millions of people visit the state of Texas each year. While Texas has much to offer its visitors, our state also has very strict laws around driving while intoxicated (DWI). 

Everyone needs to take drunk driving seriously because it endangers others on the road. Still, visitors to Houston often find themselves in a common scenario. Picture the following. 

You travel and work all day. As your business concludes, you have dinner and drinks with some colleagues. You head back to your hotel in a rental car on roads you don’t know. 

After a long day, you’re tired, and it’s difficult to navigate new roads in the dark. Moreover, perhaps you can’t figure out how to turn off the brights of this rental vehicle. Next thing you know, you see flashing lights behind you. 

You roll to a stop, and an officer asks whether you had anything to drink. Too often, a small mistake turns into a DWI in a rental car during a business trip or on a vacation. However, it’s important to remember that you remain innocent until proven guilty. 

You always have the right to defend yourself against drunk driving allegations. This is true even when your BAC shows above the legal limit. When you understand the consequences of a Texas DWI, you’ll see why it is essential to seek legal counsel as soon as possible. 

What Are the Penalties of a DWI in Texas?

Generally speaking, a first-time DWI in Texas is a Class B misdemeanor. That means you face up to 72 hours in jail as well as fines and a license suspension. Moreover, you face a $3,000 administrative penalty for your first DWI in 36 months. 

This mounts on top of any of the fines a judge imposes. When other factors aggravate the case, these penalties increase. These include intoxication assault, a BAC above .15%, a minor in the vehicle, and more. 

Additionally, you potentially face other penalties, such as alcohol treatment or an order for an interlock device. This device fits your car’s starter, requiring you to blow into it to start your car. If it registers any alcohol, the car does not start. 

DWI in a Rental Car: Impounded Rentals

After an arrest for a DWI in a rental car, the police have to do something with the vehicle. In some cases, they allow you to call someone to pick it up. If you had a legal, sober passenger in the car, the police might also allow them to drive it away. 

However, that’s not always the case, and the police aren’t always that patient. In those cases, it’s a good idea to check FindMyTowedCar.com or call the tow line at 713-308-8580. 

If this happens, call the rental company or ask the police to do so. They can pick up the vehicle from the impound lot. However, prepare yourself for fees and penalties. Moreover, it’s likely that you’ll need to arrange a pickup for any items you left in the car. 

Lastly, you might want to see whether this company will allow you to continue renting vehicles from them in the future. 

Texas Driver’s License

If you are a resident of Texas charged with a DWI in a rental car, the police confiscate your license. When they release you, they provide a paper that serves as a temporary license. This lasts for 40 days. 

After that period, the state suspends your license for up to two years. This duration varies with any prior drunk driving convictions and whether you refused a BAC test. 

To challenge this suspension, you have 15 days from your arrest to request an Administrative License Revocation hearing. Your temporary license lasts until your hearing date. 

However, if you miss this deadline, your license remains suspended until your trial ends in a not guilty verdict. 

DWI in a Rental Car: Your Out-of-State Record

If you live in another state, your Texas DWI in a rental car is likely to follow you home. In collaboration with 44 other states, Texas shares moving violations with other states. Per the Driver License Compact Commission, this includes DWI information and convictions. 

Texas joined this compact in 1993. The purpose is to exchange information regarding traffic violations and license suspensions of non-residents. Moreover, it forwards them to their home state. 

Due to this, residents of many states see their Texas DWI follow them home. Moreover, their home state may apply its own laws to your DWI in a rental car in Houston. Additionally, Texas reports whether you enter a plea of guilty or not guilty. 

That means you face an array of penalties both in Texas and your home state. Unfortunately, this has the potential to result in staggering fines as well as jail time, points against your license, and more. 

In addition to DWIs, Texas reports an array of charges. These include the following, among others. 

• Failure to stop and provide information 
• Intoxication manslaughter
• Failure to stop and render aid 
• Felony in a motor vehicle 
• Negligent homicide 
• Intoxication assault 
• Vehicular manslaughter

There are five states that are not part of the interstate compact. These are Wisconsin, Tennessee, Georgia, Michigan, and Massachusetts.

Texas does not have the power to suspend an out-of-state license. As such, it is up to your home state whether you face suspension. For instance, while Massassachusetts is not part of the compact, it often treats an out-of-state DWI as though it took place in the state. 

You Have to Face Your Charges in Texas

Regardless of whether you reside in another state, you have to handle your charges for DWI in a rental car in Texas. You have to return for any hearings as well as the trial. 

Failure to appear is always a bad idea. In this case, the Texas judge has the option to issue a default judgment against you. Often, that comes with a warrant for your arrest. 

DWI in a Rental Car: Expert Representation

If you face charges of DWI in a rental car, the stakes are high. This is true regardless of whether you live in Texas. Potentially, you face jail time, a license suspension, fines, and more. 

Moreover, you might face added penalties back home. To handle your charges in Texas, you need the representation of a skilled Houston DWI lawyer. With an experienced DWI defense attorney on your side, you have someone to mount an aggressive, strong defense. 

Backed by experience and expertise in Texas DWI cases, the Martinez Law Firm is here to help you. With extensive experience in the courtroom, Herman Martinez offers unique insight into an array of criminal defense cases. 

For a free consultation and review of your case, contact our firm today. 

Bicycle DWI in Texas: A DWI on a Bike?

A bicycle DWI sounds strange, right? You have a fun night with your friends and feel that a bike is a safer way to get home after a few drinks. However, do you face a potential DWI in Houston when you ride your bike? 

According to the state, Texas law says no. The only exception to this rule, is if the bicycle is motorized. Unfortunately, some aggressive prosecutors try to prosecute those who make a smarter decision. When it comes to drunk driving or riding a bike, the choice is clear. 

However, even when you don’t face DWI charges, there’s the potential for other criminal charges. From disorderly conduct to public intoxication, it’s important to protect your future. If you face charges for an alcohol-related crime on a bike, call a Houston DWI lawyer for assistance. 

Bicycle DWI in Texas

In Texas, there’s no specific statute that outlaws bike riding while intoxicated. However, there are prosecutors in the state who point to the general DWI statute of Texas. They argue that it covers bikes as well. 

Ultimately, it depends on how the court interprets the language of the statute. 

DWI Laws in Texas

Per the Texas Penal Code, an individual commits “driving while intoxicated” when they operate a vehicle in a public place while intoxicated. However, it’s important to define several words in that definition. Specifically, it requires an examination of both “intoxication” and “operating a motor vehicle.”

Defining “Intoxication”

Under the Penal Code of Texas, there is a clear definition of intoxication. 

• The person does not possess the normal use of mental or physical faculties due to the introduction of alcohol. 
• They have an alcohol concentration of 0.08 or higher. 

Defining “Motor Vehicle”

Per Section 32.34(a) of the Penal Code, a motor vehicle is the following. 

• It is a device, in, on, or by which a person is transported or drawn on a highway. This definition excludes a device that uses stationary rails or tracks. 

As you can see, the language is quite vague. While the name “motor vehicle” suggests an engine or motor, the definition does not match this logic. Although there is a clear exception for trains, it’s hard to say whether it includes the potential of a bicycle DWI. 

With this ambiguity, prosecutors have the option to charge people on a bike with a DWI. However, with an experienced Houston DWI defense attorney on your side, you have an advocate to protect your rights. 

In other states, they work to settle these ambiguities. For instance, the statute in Louisiane is also vague. However, the state’s Supreme Court ruled that the statute does not cover bikes in 2000. 

On the other hand, some states clearly prohibit riding a bike while drunk. For example, the DWI statute in Mississippi specifically targets “vehicles,” not “motor vehicles.”

Can You Get a Bicycle DWI in Texas?

With a plain reading of the statute in Texas, there’s no real reason to consider a bicycle a motor vehicle. However, the ambiguous language of the statute allows aggressive prosecutors to charge people with a bicycle DWI. 

Moreover, when you avoid a DWI conviction on a bike, there’s still the potential for other legal charges. This is especially true when you cause an accident with your bike the harms a person or their property. 

Public Intoxication in Houston

When you avoid a bicycle DWI, there’s still the potential of an arrest for public intoxication. Under the Texas Penal Code, the state defines public intoxication as follows. 

• Intoxication in a public place to a degree that the person might endanger themselves or another 

Unfortunately, this charge is not a stretch when you ride your bike while intoxicated. This is because there’s the clear potential to endanger or harm yourself or another. This does not necessarily require that the prosecutor prove you were a clear threat to yourself or another. Instead, they simply have to show the potential. 

In Texas, public intoxication is a misdemeanor. With it comes a maximum fine of $500. Relatively speaking, this is minor in comparison to a “bicycle DWI.” However, it’s important to remember that you also face the consequences of a criminal conviction. For instance, having a record makes it more difficult for some to secure housing or employment. 

Additionally, it potentially raises your insurance premiums. When you face any alcohol-related charges in Houston, TX, call on a local DWI lawyer to act as your advocate. With the right representation, you have someone to keep your reputation and record clear. 

Civil Liability & Bicycle DWI

When you avoid criminal charges, you might not be totally off the hook for damage. Even without a bicycle DWI, if you damage someone’s property or cause harm to them, they might file a civil lawsuit. 

Moreover, this does not require intoxication. Instead, you are only more likely to face legal charges when you are drunk and cause the damage. Drunk cycling gives some riders a false sense of safety, especially in comparison to the havoc caused by drunk drivers. However, cyclists still have the potential to cause damage. 

When it comes to drunken cycling, the risks are clear. You face diminished awareness and reaction times. Moreover, intoxicated riders simply forget some of the most essential safety precautions. These range from light clothing and signaling for turns to wearing reflectors during a night ride. 

Risks in a Bicycle DWI

Regardless of the legal risk, you pose a danger to yourself when you ride a bicycle after drinking. Cycling is inherently dangerous. Moreover, the heightened risk of head injury has great potential to severely alter your life. 

Other injuries people sustain in a bicycle injury include the following. 

• Arm and leg fractures 
• Cuts and bruises 
• Strains 
• Sprains 
• Broken jaws 
• Cracked teeth 
• Head and neck injuries 
• Concussions

When you add alcohol to the mix, you only increase your risk of injury. Alcohol slows your reaction time, which makes it much more difficult for you to react. Whether there are hazards on the road or a vehicle in the area, you have a harder time reacting to new stimuli. 

Moreover, it impacts your ability to make decisions. This causes you to take risks that you might otherwise avoid. Lastly, it affects your attention, which causes you to not notice threats until it’s too late. 

Bicycle DWI & Legal Representation

Do you face a DWI conviction in Houston? If so, a Houston DWI lawyer like Herman Martinez is ready to protect your future. Herman Martinez understands the stress and concern that comes with a DWI arrest. That’s why he dedicates himself to being your advocate throughout the legal process. 

When you want to understand your legal options and build a strong defense, you need an advocate with experience and expertise. With extensive courtroom experience, Martinez fights for the best possible outcome in your case. 

Schedule a free consultation today to learn more about your options.