DWI With a Child Passenger in Fort Worth

Direct Attorney Access for DWI With a Child Passenger Defense

Texas classifies DWI with a child passenger as a separate felony offense, even when the accused has no prior DWI conviction. The charge can create immediate concerns about driving privileges, transportation, employment, court obligations, and family responsibilities.

Attorney Bryan E. Wilson represents people facing DWI and felony DWI allegations in Fort Worth and throughout Tarrant County. His representation addresses both the criminal charge and the separate driver’s-license process. Any family-related consequences depend on the arrest facts, existing circumstances, and decisions by the court or other agencies.

Call (817) 440-3953 for a free initial consultation with Attorney Wilson about the charge, license deadlines, and immediate next steps.

Texas Penal Code Section 49.045

Under Texas Penal Code Section 49.045, the prosecution must prove that the accused operated a motor vehicle in a public place while intoxicated and that the vehicle contained a passenger younger than 15. The passenger’s presence makes the offense a state jail felony rather than the misdemeanor classification that may apply to a basic first DWI.

Texas law defines intoxication in two ways: not having the normal use of mental or physical faculties because of alcohol, drugs, or another substance, or having an alcohol concentration of 0.08 or higher. The prosecution must prove every element beyond a reasonable doubt. An arrest, chemical-test result, or officer’s conclusion doesn’t establish guilt by itself.

Evidence That Can Shape a Child-Passenger DWI Defense

Clients communicate directly with Attorney Wilson instead of having their questions filtered through an assistant or paralegal. He personally reviews police reports, dashcam footage, chemical-test records, and evidence offered to establish the passenger’s identity and age.

Important areas of review can include:

• The traffic stop: Whether the officer had a lawful basis to stop or detain the vehicle.
• Officer observations: What the officer reported about speech, balance, driving behavior, appearance, and other claimed signs of intoxication.
• Field sobriety tests: How the tests were explained, demonstrated, administered, and documented.
• Breath testing: Whether collection procedures and test records support the reported result.
• Blood testing: How the sample was requested, collected, preserved, transported, analyzed, and presented.
• The child-passenger element: What evidence establishes that a passenger was present and younger than 15.

A chemical-test number is only one part of the evidence. Collection procedures, laboratory documentation, chain of custody, and timing may all affect how Attorney Wilson evaluates the allegations and available defense options.

Driver’s-License Proceedings After a Fort Worth DWI Arrest

The Texas Department of Public Safety license process is separate from the criminal prosecution. Administrative License Revocation is the procedure through which the state may seek a suspension after a refused or failed chemical test. The deadline to request a hearing depends on the notice issued, so paperwork received after the arrest should be reviewed promptly.

An Administrative License Revocation hearing doesn’t determine guilt in the criminal case, and its outcome doesn’t automatically control the prosecution. Attorney Wilson assists clients with these administrative hearings and examines the traffic-stop and testing evidence relevant to the license process.

What Happens in the Tarrant County Criminal Case

A felony prosecution may involve bond conditions, arraignment, pretrial settings, evidence review, negotiations, motions, and trial. The sequence and timing depend on the case’s procedural posture and the criminal court handling it.

Family-related concerns are also fact-dependent. A DWI With a Child Passenger charge doesn’t automatically prove child abuse or dictate a particular custody or agency response. Any related issue must be considered in light of the family’s circumstances and the actions of the relevant court or agency.

Rated by Super Lawyers From 2015 Through 2022

Attorney Wilson has handled matters ranging from first-offense DWI allegations to repeat and felony charges. He is admitted to practice in all Texas state courts and was rated by Super Lawyers each year from 2015 through 2022, including recognition as a Rising Star in 2017 and 2018. Clients work directly with him throughout the representation.

No single strategy fits every case. After reviewing the evidence and the client’s priorities, Attorney Wilson considers options such as seeking dismissal, pursuing a charge reduction, negotiating a plea agreement, filing appropriate motions, or preparing for trial.

Speak Directly With Attorney Wilson About the Next Steps

A free initial consultation allows a prospective client to discuss the arrest and identify issues that may require prompt attention. Helpful information includes the arrest date, stop location, child’s age, breath or blood testing details, Texas Department of Public Safety paperwork, bond documents, and upcoming court dates.

Bryan Wilson, The Texas Law Hawk represents clients in Fort Worth and throughout Tarrant County. Attorney Wilson can explain the distinction between the felony prosecution and the driver’s-license proceeding, review the available information, and discuss options based on the facts.

Call (817) 440-3953 to request a free initial consultation with Attorney Bryan E. Wilson.