DWI With a Child Passenger Can Affect Divorce in Houston, TX

 Posted on March 11, 2024 in DUI/DWI

While a simple DWI is normally a misdemeanor, if you had a child under 15 years old in the car, you could instead be charged with a felony. If the child in question was your child, your spouse will likely be quite angry with you for putting your child in harm’s way. This situation sometimes leads to CPS involvement, which can put enormous strain on a marriage. It is unsurprising that many couples get divorced after one of them is charged with DWI while their child is in the car. Facing this serious felony charge can have an enormous impact on your divorce proceedings and the type of child custody arrangement that will be ordered. There is a substantial chance that the family law court will view you as a potential danger to your child. It is important to be represented by a skilled Houston, TX, DWI defense lawyer who can work to mitigate the seriousness of your case.

Child Custody Factor When One Parent is Facing Felony DWI Charges

The court is going to consider the best interests of the child, first and foremost. Some specific factors it will likely consider when making decisions about your child custody concerns include: 

• Your arrest record and convictions - Convictions pertaining to child endangerment are seen as particularly serious. A conviction for simple DWI might not have much of an impact, but the fact that your DWI put your child in danger can be heavily considered.

• Substance abuse issues - The court will likely assume you have an alcohol problem. Getting into treatment now and staying sober can help mitigate this concern.

• How safe the child is with each parent - The child’s safety is of the highest importance. When one parent has driven drunk with their child in the car, the court may fear for the child’s safety if unsupervised visitation is allowed.

• Parenting skills and judgment - The court may see driving your child around while drunk as very poor judgment.

• Child’s age and vulnerability - If your child is very young or otherwise unable to resist should you ask them to get into the car while you are intoxicated, this factor may weigh against you.

• Willingness to affect change in the home very quickly - Entering a substance abuse treatment program immediately can help.

• Safety of your home environment - A parent who is frequently intoxicated may make the court question whether a child is safe in your household.

There is also the issue of whether you will be incarcerated, as this crime carries up to a two-year sentence.

Contact a Harris County, TX Felony DWI Defense Lawyer 

Murphy & McKinney Law Firm, P.C. is experienced in helping parents who have been charged with a felony DWI because their child was in the vehicle. Our dedicated Houston, TX, felony DWI defense attorneys will work to minimize the impact your charges will have on your child custody case. Contact us at 713-229-8333 to start with a free consultation.