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The state of Texas has enacted a variety of different regulations that are each designed to help stem the increasing number of DWI accidents, injuries, and fatalities occurring within the state by making it less appealing for underage individuals to purchase alcohol, less appealing for people over the age of 21 to sell alcohol to underage individuals, and less appealing for individuals to drive while intoxicated. Many of these regulations establish strong penalties for alcohol-related offenses in order to make DWI less appealing. However, some of the strongest penalties are used in situations in which a child is in the car of a driver that is driving while intoxicated and situations in which an individual is harmed or killed by a driver that is driving while intoxicated.
DWI is always considered to be a serious offense, but driving with a child in the car while intoxicated is considered to be a much more serious offense. If an individual is pulled over and arrested for DWI and there was a child under the age of 15 present in the car, the driver will be arrested for felony DWI. An individual convicted of felony DWI will receive a minimum of 180 days in jail to a maximum of two years in jail and may be faced with up to a $10,000 fine. It is also important to note that the individual may be charged with other crimes related to the safety and well-being of the child depending on the specific situation.
Even though the act of DWI with a child present is considered to be an extremely serious offense, it is not the most serious alcohol-related offense for which an individual can be charged. If an individual is involved in an automobile accident in which someone was seriously injured and it is determined that the individual was driving while intoxicated, the individual will be arrested for DWI and for intoxication assault. Intoxication assault is a 3rd degree felony that carries a minimum jail time of two years up to a possible maximum of 10 years in jail and a possible fine of up to $10,000 if the individual is convicted. It is important to note that the individual may also receive all of the other penalties associated with a standard DWI arrest, including license revocation, if he or she is arrested and/or convicted for intoxication assault. If an individual is involved in an automobile accident in which someone was killed and it is determined that the individual was driving while intoxicated, the individual will be arrested for DWI and intoxication manslaughter or possibly manslaughter with the use of a deadly weapon. Intoxication manslaughter is a 2nd degree felony that carries a minimum jail time of two years up to a possible maximum of 20 years in prison and, in most situations, a $10,000 fine. The individual, just as with a charge of intoxication assault, will also usually have to face all of the other penalties associated with a standard DWI arrest if he or she is arrested and/or convicted.
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