DWI With Multiple Child Passengers Part 3

 Posted on May 08, 2024 in DUI/DWI

The felony DWI with child passenger charge has the important public policy purpose of protecting child safety. The child need not have suffered any injury to sustain this charge. Serious bodily injury to another due to the intoxicated operation of a motor vehicle in a public place is a separate Texas felony crime called intoxication assault. The policy behind the child passenger DWI crime presumes that the child is at risk of injury or other harm while in a vehicle whose operator is intoxicated. The felony DWI child passenger crime discourages intoxicated drivers from transporting child passengers. Texas's felony DWI child passenger crime is complete with just one child passenger. If you are arrested for DWI while carrying multiple child passengers, you need a Houston, TX felony DWI lawyer to help you. Your situation is serious even if there were no injuries to any of the children.

Multiple Child Passenger DWIs

Texas criminal law treats a DWI arrest with multiple child passengers in the vehicle much as it treats a DWI arrest with a single child passenger in the vehicle. A parent or other person who operates a motor vehicle in a public place while intoxicated, with multiple child passengers, should ordinarily face only a single felony DWI with a child passenger charge, despite the presence of more than one child in the vehicle. The Texas Court of Appeals in State v Bara, 500 S.W.3d 582 (Tex. App. 2016), held that the prosecution may only charge one offense under Section 49.045, not two or more offenses, when the vehicle contained multiple child passengers.

The Bara defendant had two children under the age of fifteen in the vehicle but maintained that two charges would constitute unconstitutional double jeopardy. The appellate court agreed, permitting only one conviction to stand despite the two children in the vehicle. The appellate court held that the driving incident determines the charge, not the number of children under the age of fifteen. Strictly as far as the criminal charge goes, and not necessarily for other purposes, one child under age fifteen in the vehicle is as bad as two or more children under age fifteen.

Other Related Texas Crimes 

Having more than one child in the vehicle at the time of a DWI arrest, though, could influence a prosecutor to pursue other related charges. Texas Penal Code Section 22.04, for instance, authorizes charges for reckless injury to a child. When a child passenger suffers injury in a DWI accident, charges under the reckless injury statute are possible. The prosecution must show that the defendant committed the offense "intentionally, knowingly, recklessly, or with criminal negligence" and that the defendant's act or omission caused the child either bodily injury or serious mental deficiency, impairment, or injury. Proof of recklessness or criminal negligence adds substantially to the prosecutor's burden. But again, if the defendant exposed multiple child passengers to injury, and at least one child suffered injury, the likelihood is greater that prosecutors will pursue reckless injury charges.

Contact a Harris County, TX DWI With Child Passengers Attorney

Murphy & McKinney Law Firm, P.C. will strive to give you the best defense possible against a DWI with child passengers charge. Experienced Houston, TX DWI with child passengers lawyer Doug Murphy serves as President of the Harris County Criminal Lawyers Association. Contact us at 713-229-8333 for a free consultation.