DWI With Multiple Child Passengers Part 4 

 Posted on May 15, 2024 in DUI/DWI

If you have been arrested for a DWI while carrying multiple child passengers, you are in a very serious situation. Not only could you face serious criminal penalties, but if you were driving while intoxicated with your own children in the car, you could also face civil consequences–including having the children removed from your home. Child Protective Services will almost certainly get involved due to mandated reporting laws. The main reason why DWI with a child passenger is automatically a felony charge in Texas is because it is a form of child endangerment, as intoxicated drivers are very likely to get into an accident. Fortunately, there is a lot an experienced Houston, TX felony DWI defense lawyer can do to protect you. Having skilled representation is essential.

Child Removal for DWI With Multiple Child Passengers

Removal of the children from the defendant parent's home is an even bigger risk in the case of a DWI charge with multiple child passengers. The felony DWI charge is serious, but the removal of children could be just as serious or more serious as a collateral consequence of the felony charge. Texas's Family Code requires officials who suspect child endangerment or abuse to report the concerns to Child Protective Services. Texas prosecutors construe a DWI charge with child passengers as reportable endangerment under the Family Code.

As soon as the prosecutor files a felony DWI with a child passenger charge against you, the prosecutor will also forward the child endangerment report to protective services for investigation. Child Protective Services could then seek to remove your children from your custody if they find that your felony DWI arrest is sufficient evidence of endangerment. Protective services might place your children with a willing and capable family member or, if no family member is available, take them into custody for temporary foster placement.

If your children are already under a Family Court order relating to a paternity, separation, or divorce proceeding, then your felony DWI arrest could cause you to lose custody or parenting time rights under that order. You should retain the best available DWI representation to preserve your rights and relationship with your children in the face of a felony DWI charge.

Contact a Houston, TX Felony DWI With Child Passengers Lawyer 

Murphy & McKinney Law Firm, P.C. is dedicated to helping parents who have been accused of DWI with their children in the car. Experienced Harris County, TX DWI with child passengers attorney Doug Murphy is exceptionally well-qualified to represent people charged with a felony DWI involving child endangerment. Contact us at 713-229-8333 for a complimentary consultation.