San Marcos DWI With Child Passenger Defense Lawyer
Getting arrested for driving while intoxicated (DWI) is serious under any circumstances. But if a child under the age of 15 was in the vehicle at the time, the stakes rise dramatically. In Texas, a DWI with a child passenger isn’t just an enhanced version of a standard DWI — it’s a state jail felony, punishable by prison time, thousands in fines, and long-term damage to your record and reputation.
At The Law Offices of David C. Hardaway, we know how to approach these high-stakes charges with the urgency and strategy they demand. We take your case seriously from the moment you call, and we provide honest, direct guidance about what you’re facing and how we can help. When the prosecution is already building a case against you, you need an experienced San Marcos DWI w/ child defense attorney building a stronger one in your favor.
What Is a DWI With Child Passenger Charge?
Under Texas Penal Code § 49.045, a person commits the offense of driving while intoxicated with a child passenger if they operate a motor vehicle in a public place while intoxicated and there is a passenger in the vehicle who is younger than 15 years old.
This offense is not treated like a Class B misdemeanor first-time DWI. It is automatically charged as a state jail felony, even if you have no prior criminal record. If convicted, you face:
- State jail imprisonment from 180 days to 2 years
- A fine of up to $10,000
- Driver’s license suspension
- Installation of an ignition interlock device
- Possible Child Protective Services (CPS) involvement
- A permanent felony record
The presence of a child in the vehicle dramatically changes how law enforcement and the courts approach the case. Prosecutors may try to argue that your actions endangered the child, which can influence both plea negotiations and sentencing recommendations. Even if no one was hurt, the charge alone carries a strong social stigma — and that’s something we take seriously as part of your overall defense.
The real-world consequences of a conviction for DWI with child passenger go beyond court. In addition to criminal penalties, a conviction can affect nearly every part of your life, including:
- Custody or visitation issues if you are involved in a family law matter
- Job loss or disqualification, especially if your work involves driving or working with children
- Immigration consequences, including deportation or inadmissibility, for non-citizens
- Loss of reputation, both personally and professionally
The legal system won’t give you the benefit of the doubt — which is exactly why we will. We look at every detail, challenge weak evidence, and make sure your side of the story is heard.
What the State Has to Prove for DWI With Child Passenger in San Marcos
To secure a conviction, the prosecution must prove the following elements:
- You were operating a motor vehicle in a public place;
- You were legally intoxicated — either by showing a BAC of 0.08% or more or by demonstrating a loss of normal physical or mental faculties due to alcohol or drugs;
- A child under 15 was in the vehicle at the time.
Each of these elements presents potential weaknesses we can explore. Was the traffic stop lawful? Were the breath or blood test procedures properly followed? Was the child’s age correctly documented? Were your rights respected during arrest or questioning?
We don’t take a one-size-fits-all approach to defending against this charge. Every case is unique, and we tailor our strategy to the specific facts involved. Depending on your circumstances, your defense might include:
- Challenging the traffic stop if there was no probable cause
- Questioning test results due to equipment calibration issues or improper procedures
- Filing motions to suppress evidence obtained in violation of your rights
- Arguing for reduced charges or alternative sentencing, especially in cases involving no accident, injury, or criminal history
We’re also highly aware of the role mitigation can play. If you’re a parent or caregiver, we can help you get into counseling or substance abuse treatment voluntarily — not as an admission of guilt, but as a way to show the court you’re taking the situation seriously and proactively.
Why Hire The Law Offices of David C. Hardaway in San Marcos?
If you’re charged with DWI with a child passenger in San Marcos or Hays County, you’re not just fighting for your freedom — you’re fighting to protect your future, your family, and your name. We’re not here to judge. We’re here to listen, advise, and fight like hell for the best outcome possible.
Here’s what you can expect from us:
- Straightforward answers about what you’re facing and what we can do about it
- Prompt, consistent communication — we won’t leave you in the dark
- Local experience in San Marcos courts and deep knowledge of Hays County legal procedures
- Strategic advocacy tailored to your unique situation
Call Now to Protect Your Rights and Your Future
The sooner you contact us, the sooner we can get to work protecting your freedom and your future. If you’ve been arrested for DWI with a child passenger in San Marcos, don’t wait to get legal help. Felony charges move fast — and the prosecution is already preparing its case. Contact The Law Offices of David C. Hardaway today. We’re ready to listen — and we’re ready to fight.
