Child endangerment is any criminal act that places a minor in physical, social, moral, or emotional harm. Endangerment is typically requires the adult to show indifference or recklessness regarding the minor’s well-being.
What Is DUI Child Endangerment?
DUI child endangerment is described as driving while under the influence of alcohol and/or drugs with a minor as a passenger. Texas has a law prohibiting this called driving while intoxicated with a child passenger.
How Is Driving While Intoxicated with a Child Passenger Defined in Texas?
In order to be guilty driving while intoxicated with a child passenger under state law, a person must be:
- While operating a vehicle in a public place; AND
- The vehicle contained a passenger younger than 15 years old
What Is the Blood Alcohol Content Level Required to Be Intoxicated in Texas?
Texas considers any blood alcohol content (BAC) level at 0.08 percent or higher as over the limit to operate a motor vehicle.
Is Driving Intoxicated with a Kid in the Car a Misdemeanor in Texas?
No. In Texas, this crime is a jail felony.
What Is the Criminal Punishment for DUI with a Minor?
If convicted, a person may receive a criminal sentence of:
- 180 days to two years in state jail
- $10,000 fine
- Both time in state jail and a fine
What Kind of Punishment Might I Receive for a Second Conviction?
Texas state law makes having a minor in a vehicle while intoxicated a Class A misdemeanor offense for the second offense. A second, or subsequent, offense will have enhanced penalties. A person may receive:
- A year in county jail
- $4,000 fine
- Both a fine and jail time
Should I Contact an Attorney about My Charge?
Fighting any alcohol-related criminal charge is hard, but defending yourself against a charge of driving while intoxicated with a child passenger is especially difficult and will likely require the assistance of a lawyer. Contact a Texas DUI/DWI attorney for help to resolve your case.