Dallas DWI With a Child Lawyer

Dallas DWI With a Child Attorney

Being charged with a DWI is a serious matter, especially when there was a child passenger in the  vehicle. The sheer presence alone of a child can make the stakes in these cases significantly  higher, as Texas courts always prioritize the interests of children. When the child is under 15  years old, you face child endangerment charges on top of a DWI. If you are currently facing  these charges and feel they are misguided, a Dallas DWI with a child lawyer can represent you.

At Harris & Harris Law Group, PLLC, we understand how much stress and uncertainty comes  when facing a DWI that involves a child passenger. The stakes are high, and it can be difficult to  deal with the public opinion that you put a child in harm’s way, especially when you personally  do not feel the facts support that notion. At our firm, we don’t judge. Rather, we can steadfastly  advocate for you throughout the legal process.

How to Defend Against a DWI With a Child Allegations in Dallas

When facing these allegations, it’s important to remember your right to a defense. Working with  a defense attorney can increase your confidence in these moments of distress, allowing you to better understand what positions might yield the strongest results, based on the circumstances of  your DWI.

Some of the most common ways to defend against a DWI with a child include: 

Understanding the Legal Elements of the Charge

Before anyone is officially convicted of a DWI with a child, the prosecution must prove the  accusation true beyond a reasonable doubt. They must show that: 

1. You were operating a vehicle in a public place
2. You were intoxicated beyond the legal limit.
3. The child in your vehicle was under the age of 15.

When you hire a defense lawyer, they can comb through the prosecution’s evidence to identify  areas of weakness, enabling them to highlight and discredit their positions.

Challenging the Evidence of Intoxication

One of the most critical elements in these cases is establishing that the defendant was truly  intoxicated. The prosecution will likely use a combination of field sobriety tests, breathalyzer  results, and blood tests to make this point. Your Dallas DWI With a Child Lawyer can thoroughly examine the results of  all these tests to see if any are invalid or whether the procedures were not followed correctly. If  any of this is true, they can question the validity of the results.

Questioning the Legality of the Traffic Stop

Another key component of a DWI defense is determining whether the defendant was pulled over  legally. Law enforcement officers are not allowed to just pull over anyone they want to. They  must have a valid reason, like observing someone driving recklessly or violating traffic safety  laws. If your attorney can demonstrate how the stop violated your constitutional rights, any  evidence collected during the interaction could be deemed inadmissible in court.

Evaluating the Circumstances of the Child’s Presence

In some cases, it might be possible to challenge the notion that the child was in danger. To do  this, your defense lawyer must thoroughly analyze the context of the situation. They can see if  the vehicle was being operated safely or if there was actually any danger posed to the child. For  example, your intoxication level could have been under the borderline and was not impairing  your ability to drive safely.

Exploring Alternatives to Harsh Penalties

When the evidence against you appears strong, there is still merit in hiring a Dallas DWI With a Child Lawyer to  negotiate for reduced charges or alternative sentencing. For instance, rather than a lengthy prison  sentence, you could participate in rehabilitation programs and community service to demonstrate  your accountability without a severe conviction.

FAQs About Dallas, TX DWI With a Child Laws

Q: What Are the Odds of Getting a DWI Dismissed in Texas?

A: The odds of getting a DWI dismissed in Texas will depend on the specifics of your case, such  as how compelling the evidence is against you, the legality of the traffic stop, and if your lawyer  can spot any procedural errors to highlight. No defense attorney can guarantee a case dismissal,
but having one on your team definitely increases your chances of finding strategies to either have  the charges against you reduced to a lesser penalty or dismissed entirely.

Q: What Kind of Lawyer Do You Need for a DWI in Texas?

A: For any DWI case with a child in Dallas, Texas, you want to hire a criminal defense lawyer who has a  specific history of representing these same types of cases. If you hire a DWI defense lawyer who  has never dealt with the extra factor of a child being involved, this could significantly reduce  your chance of having the strongest defense possible. The strongest DWI lawyer will have  learned lessons from their relevant case record, which they can apply to your own case.

Q: Can a DWI With a Child Charge Affect Custody Arrangements?

A: Yes, it is possible for a DWI charge involving a child to impact your current custody  arrangement. It raises questions about your judgment and ability to keep the child safe. While  there is no guarantee that you will lose custody at the end of the case, it is possible that you will  temporarily lose these rights while the case is pending. Working with a defense lawyer can  demonstrate your commitment to responsible parenting moving forward.

Q: How Can Character Evidence Help in a DWI With a Child Case?

A: Character evidence can be another powerful tool to use in your defense case. It can show how  this specific incident does not reflect your overall judgment or parenting abilities. The more  positive references you can provide from employers, members of your community, or other  family members who can attest to your ability to parent, the more comfortable the court might be  to see this charge as an isolated incident.

Contact Harris & Harris Law Group, PLLC, Today

If you have recently been accused of driving while intoxicated with a child, contact our law firm  right away. While it might feel like the gravity of this accusation is impossible to overcome, our history of success in these cases proves it is not. We look forward to meeting you and sharing the  ways we can defend you in court.