"We do not want a police state, and it seems we are on the precipice of becoming one in the name of DUI."
-Martin v. Commonwealth
DWI Defense Information
Carl David Ceder
Endangering a Child
The Texas Penal Code assumes that adults have a specified level of responsibility when caring for a child with regards to many statutes pertaining to their overall welfare and safekeeping. An adult, including and especially the parent of a child, is almost always held responsible for providing for his or her basic needs and keeping children safe. If one fails in upholding any of these duties, you can be charged with "Child Endangerment" - which is codified in Section 22.041 of the Texas Penal Code.
One type of this crime, technically would be referenced as "DWI child endangerment" - which is akin and would pertain to the felony offense of "Driving While Intoxicated with Child Passenger." This would occur when one is arrested for a DWI, with all of the same elements present, but also while having a child as a passnger in the vehicle.
Texas law is very really serious about pursing both alcohol related crimes and child endangerment offenses, even when the offenses are not related. It is obvious, therefore, that Texas can impose harsh penalties if one is accused of "DWI with Child." If you or someone you know has been charged with DWI child endangerment, or DWI with Child Passenger, please call The Law Offices of Carl David Ceder office for advice on how best to proceed.
What would be classified as DWI Child Endangerment?
According to current Texas law, a child is identified as any person under 15 years of age. One can be charged with Child Endangerment, under Section 22.041 of the Texas Penal Code, if an individual endangers a child byexposing a child to irrational harm, such as mental or physical impairment, injuries or even death. In relation to Driving While Intoxicated cases, and when considering of the number of accidents Texas routinely calculates as having been caused by intoxicated driving - DWI with a Child Passenger is considered as placing a child at risk of serious and even deadly injuries.
Consequences of DWI with a Child Passenger
Driving While Intoxicated with Child Passenger is referenced under Section 49.045 of the Texas Penal Code, which states the following:
Texas Penal Code Section 49.045 -
(A) A person commits an offense if:
(1) the person is intoxicated while operating a motor vehicle in a public place; and
(2) the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.
(b) An offense under this section is a State Jail Felony.
DWI with Child Passenger: State Jail Felony
Potential range of punishment: Confinement in a state jail facilitiy for any term of not more than 2 years or less than 180 days, and/or a fine not to exceed $10,000.00.
Statute: Texas Penal Code: Section 49.045
You can contact the Law Offices of Carl David Ceder at anytime for assistance at214.702.CARL(2275) or at 469.2000.DWI(394) at anytime if you need legal assistance. Phones are answered 24 hours a day/7 days a week.