5 Tips to Avoid DWI Child Passenger in Houston, Texas

October 18, 2020

DWI with a minor passenger is a felony-level charge in Texas. However, all hope is not lost if you are facing this charge. A dedicated Houston DWI child passenger attorney can provide you robust defense. In many cases, it is possible to avoid conviction by showing the failure of the prosecution to establish at least one element of this offense. 

 

Reasonable Doubt 

 

In a DWI with a child passenger case, the prosecution is required to every element of the charge. If they fail to prove it beyond a reasonable doubt, the jury will acquit you. Your Texas DWI child passenger lawyer will focus on casting reasonable doubt on the BAC test results or the evidence related to your intoxication.

 

Traffic Stop was Wrong 

houston dwi child passenger

 

Your DWI defense lawyer can challenge the reason why a law enforcement officer stopped you or arrested you for a DWI with a child passenger offense. The police officer’s opinion may be subjective and unsupported by reason when they stopped you.

 

The law does not give a free rein to police officers to stop any vehicle they want. If your attorney can show that reasonable suspicion to stop your car was lacking, it may be possible to suppress evidence obtained during or after the traffic stop.

 

Detention was Wrong 

 

Law enforcement officers in Texas are required to use the least intrusive methods to confirm or reject any type of evidence as soon as possible, which justifies their further continuation or end of a criminal investigation.

 

In many cases, the police officer may be in violation of the law if they do not efficiently investigate or provide a reasonable and clear suspicion about a crime. Your Houston DWI child passenger attorney can try to establish this basis to show your detention was against the law.

 

Questioning the Validity of Field Sobriety Tests  

houston dwi child passenger

 

If you have agreed to perform the roadside sobriety tests at the police officer’s request, your DWI lawyer can challenge the results of these highly subjective tests. They could show that you were not a fit candidate for these tests, or that the police officer gave unclear instructions which you misunderstood. Your lawyer may cite data or present opinions of independent experts to show that these exercises and their results are unreliable in your case.

 

Challenging the BAC Test Findings   

 

If at the time of your arrest, if you submitted to a blood alcohol concentration (BAC) test, an experienced Texas child passenger lawyer will focus on proving that you were not intoxicated while driving with a minor. They will make a detailed investigation to find loopholes in the legal procedure and protocols followed by law enforcement officers while collecting and testing your samples.

 

The sample may have been contaminated at the time of collection, the breathalyzer device may have a defect, or the test readings may be unreliable. Errors may also occur at the lab, where the workers could mix up specimens, cause contamination, or fail to adhere to protocol.

 

Choose the Best Houston DWI Child Passenger Attorney 


A DWI with child passenger conviction can have serious legal consequences. Hire Flood & Associates, which has a top DWI defense team with an outstanding record for wins and not guilty verdicts. Speak to us at 713.224.5529 for a free case review or write to us online to request a complimentary consultation.

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Robert Henderson
Robert Henderson
December 22, 2023.
I want to give a special thanks to Tyler Flood & Associates. Getting charged with a dwi was the worst feeling and situation I've been in, but the professionalism and confidence that Tyler Fllod & Associates showed throughout my case definitely helped me get some sleep at night. Then when they called and let me know that my case was dismissed and all charges dropped was incredible. Once again, thanks to Tyler Flood & Associates.
Zeta Ze
Zeta Ze
December 15, 2023.
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briana Munoz
briana Munoz
December 5, 2023.
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A D
A D
October 19, 2023.
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Dylan
Dylan
October 12, 2023.
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Cesar Ricardez
Cesar Ricardez
October 3, 2023.
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M J
M J
September 14, 2023.
Tyler Flood, Houston DWI/DUI attorney is fantastic! He is professional, smart and takes pride in getting the best possible outcome for you. This was my second DWI and I didn't want to take chances. I found him on Google and I too was in disbelief with all the 5.0 star reviews. Upon meeting him I quickly discovered it was all true. A lawyer with his own science lab WTH??????? Long story short he got my case dismissed without going to court. You can not put a price on freedom. The only downside is I only hope to need his services this one time. 😀 Thanks again Mr. Flood God bless.
John Sellers
John Sellers
August 31, 2023.
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texasdiamonds
texasdiamonds
August 29, 2023.
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Trey Perrett
Trey Perrett
August 14, 2023.
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