March is the third month of the year, and in March of 2018, Houston police made 33 arrests for driving while intoxicated, the equivalent of more than one DWI per day. A disproportionate share of Houston’s alleged drunk drivers last month were being stopped for their third DWI defense. In Texas, a third DWI offense is automatically a felony. It carries a maximum sentence of 10 years in prison. Even if you get probation instead of imprisonment, you must still spend a minimum of 10 days in jail.
About Houston’s March DWI Arrests
Chron, the website of the Houston Chronicle, published the names and mug shots of all 33 people accused of DWI in Houston in March 2018. Here are some facts about the people charged with DWI in Houston last month.
- The accused include 27 men and six women. While Chron did not publish their ages, it appears that almost all age groups eligible to drive are represented.
- Four of the DWI arrests in Houston last month were for DWI with a child passenger.
- 29 of the DWI arrests in Houston in March were DWI third offenses, which means that the defendants automatically face felony charges. They could face fines of up to $10,000 and up to 10 years in prison.
Why DWI with a Child Passenger is such a Serious Offense
Many of last month’s DWI charges are felony DWI third offenses, which is bad enough. The ones who were arrested for DWI with a child passenger could face even more serious penalties, though. DWI with a child passenger has been on the books as a separate offense since 2003. Texas Penal Code section 49.045 defines DWI with a child passenger, defined as a passenger 15 years old or younger, and outlines its penalties. This crime can lead to up to two years incarceration and a $10,000 fine. Additionally, you can face child endangerment charges separate from the DWI charges.
Being convicted of DWI with a child passenger can cause you other problems, too. If Texas suspends your license for DWI with a child passenger, you have to pay $1,000 per year during the period of license suspension if you want to get your license back after the period of license suspension ends. The DWI with a child passenger conviction can also reflect negatively on you in child custody cases, even if the child who was in the car with you at the time of your DWI arrest is not one for whom you are seeking custody. ven if you are married to the child’s other parent and have never been involved in a child custody case, the Texas Department of Family Services could investigate your case. If they find that living with you is a danger to your child, you could still lose custody.
Contact Madrid Law About DWI Cases
Whether or not a child was in the car with you at the time of your DWI arrest, you can still use the help of a DWI defense attorney. Contact Madrid Law in Houston to discuss your case.
