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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23166
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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First offense DWI w/child under 15 charge. What conviction verdict am I being faced with?

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First offense DWI w/child under 15 charge. What conviction verdict am I being faced with? My background & driving records are clean. No previous arrests.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.

Even though this is a first dwi, in Texas if you are found driving while intoxicated with a child who is under 15 in your car, this becomes a state jail felony. That would make the penalties the same as a 3rd Texas DWI:

A state jail felony is worth 6 to 19 months of jail and a fine of up to $10,000. If this is your first DWI and if, hopefully there was no accident, you could probably dispose of this with probation. You would have to do 10 days of jail, however, and you would likely have to have counseling or treatment and do some community service.

You will need a lawyer and you should have one with you at your court date. Texas does have an occupational license which you should be able to get so that you can work. Your lawyer can help you arrange for that as well.
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