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Having a child passenger can elevate the consequences of a crime committed while driving.

Father Arrested for DWI After Hitting Patrol Vehicle With His Children in the Car

According to a KSAT News report, a man is in custody following an accident that caused a child to be seriously injured while driving drunk early Sunday morning.

Police reported the incident occurred at around 3 a.m. at the intersection of South Zarzamora Street and Southwest Loop 410 on Sunday, April 14th. A man in a Kia Rio with a 10-year-old girl and a 6-year-old boy passenger was traveling south on Zarzamora when he struck a patrol vehicle waiting at an intersection. The two children were injured, with the young boy suffering serious bodily injury and one patrol officer also suffering minor injuries. The collision caused the patrol vehicle to hit a Chevy Tahoe, but no one inside was injured. The man was arrested on suspicion of driving while intoxicated with a child and is also facing charges of child endangerment and intoxication assault.

Did You Know?

A DWI in Texas can increase from a misdemeanor to a felony charge if a child is in the vehicle.

Child Passengers and Child Endangerment Laws in Texas: What You Need to Know

Because child endangerment includes any act that may subject a child under 15 to harm, the details can be a little fuzzy. What one parent considers reasonable care may be different from what a jury thinks.

However, auto accident cases are not so fuzzy. In fact, there are clear actions that a person can take while driving with a child passenger that elevate the consequences from a misdemeanor to a felony. Let’s take a look.

What Can Be Considered Child Endangerment in Texas

Driving drunk is not the only way a person can be charged with child endangerment while driving. Other actions that constitute child endangerment in Texas include:

Leaving a child younger than 7 in a car alone for more than 5 minutes,
Allowing children to have access to a firearm,
Letting your child ride in the vehicle without the proper safety seat,
Driving drunk with a child passenger,
Driving recklessly with a child passenger, and
Using a Level 1 substance in front of a child.

A child must be younger than 15 to be considered child endangerment in these circumstances.

Consequences of a Child Endangerment Charge

Child endangerment charges will begin as a state jail felony, resulting in up to 10 years of jail time and a fine of up to $10,000. Based on the person’s circumstances and the severity of the crime, the punishment can increase to a second-degree felony, increasing the potential jail time to up to 20 years.

Other consequences may include:

License suspension,
Loss of custody rights,
Up to 1,000 hours of community service,
Losing voting and firearm priveledges,
An annual fee of $1,000 to $2,000 to retain your license, and
The installation of an ignition interlock device on your car.

Facing a Child Endangerment Charge After an Auto Accident? Call Carabin Shaw.

A simple night out with the family can turn into a horror story when facing a child endangerment charge. Don’t try to reason with law enforcement — Call Carabin Shaw.

Carabin Shaw’s criminal defense attorneys have served San Antonio for over 30 years. Call our team at 800-862-1260 or use the live chat to get immediate help. We look forward to serving you.

Contacting a Carabin Shaw attorney for an initial consultation is free and does not obligate you to work with the firm.

¹KSAT Report