DWI with Child Passenger Defense Lawyer
Experienced Fort Worth DWI Defense, Cody Cofer
DWI with a passenger under 15 years of age is a State Jail Felony in Texas. Even if you’ve never been convicted of DWI or any other offense before, the fact that you are accused of DWI with a child passenger means the charge is a felony. The minimum sentence for a DWI with child passenger is 180 in a State Jail Facility. You can be facing up to 2 years in State Jail on your first offense and a $10,000 fine. You may be eligible for probation. However, because it is a DWI offense, you are not eligible for a Deferred Adjudication. This means, if you plead guilty and get probation if you’re ever asked the question, “Have you ever been convicted of a felony?” you will have to answer “YES.” That’s why it is so important to have an experienced DWI with Child Passenger Defense Attorney like Cody L. Cofer, Attorney & Counselor at Law. Contact a DWI Lawyer immediately if you’ve been accused of DWI with a child in the car.
DWI with Child Passenger Trial Attorney
You need a skilled trial attorney to handle your case your DWI case. Although, legally the burden of proof in DWI Child Passenger cases is the same as a regular DWI, jurors often hold the prosecution to a lower standard because children are involved. In both regular DWI and DWI Child Passenger, intoxication is defined in exactly the same way. However, many jurors are willing to find someone in intoxicated based on less evidence in a DWI Child Passenger Case. Tarrant County takes DWI offenses very seriously. They spend mountains of money on DWI law enforcement and DWI prosecution. Cody L. Cofer is a former prosecutor that was trained by the Tarrant County DWI specialists. DWI with child passenger is a delicate case that takes great skill to defend in a jury trial. You need a Criminal Defense Attorney that is well accomplished in DWI law and trial advocacy. Cody will challenge every stage of the case from the moment the police laid eyes on you until breath or blood (if any) were obtained. Cody has prosecuted and defended DWI cases. He is an experienced DWI with Child Passenger Defense Attorney. He will take your case Tarrant County DWI case or your DWI case in any surrounding county.
DWI Mandatory Blood Draw
The police can take your blood without your consent!! In DWI arrests before September 1, 2009, an officer was required to take a blood sample without a warrant if: (1) he arrested an individual for an offense under Chapter 49 of the Penal Code (DWI and DWI-related offenses); (2) the suspect refused an implied consent sample; (3) the officer reasonably believed that a DWI collision occurred because of impaired operation of the vehicle; and (4) the officer reasonably believed the DWI collision caused a person other than the driver to die or suffer serious bodily injury.
DWI law as of September 1, 2009, Chapter 724 of the Texas Transportation Code requires an officer to draw blood without a warrant if:
(1) the subject, arrested for an offense under Penal Code Chapter 49 (DWI or DWI related offense), refuses to provide a breath sample and a person other than the suspect “has suffered bodily injury (that means only pain) and has been transported to a hospital or other medical facility for medical treatment”;
(2) the suspect is arrested for DWI with a child passenger under Penal Code §49.045;
(3) the officer believes that the suspect can be charged with felony DWI due to two prior Chapter 49 DWI offenses or one prior intoxication manslaughter; or
(4) the officer believes that the suspect committed DWI and was previously convicted of intoxication assault or DWI with a child passenger. (This offense would be enhanced to a Class A misdemeanor.)
When making a DWI arrest, the officer must request a breath or blood sample. If he has a believes that any of the above additional circumstances exist, then he is required to have a blood sample drawn. The truth is, the officer has no discretion and he doesn’t have to get a warrant.
Cody L. Cofer is an experienced DWI with Child Passenger Defense Attorney who practices all over Texas, including Tarrant County, Denton County, Parker Count, Johnson County, Wise County, Collin County, and Dallas County.
You need a Dallas Criminal Attorney if you were arrested for DWI in Dallas, Addison, Cedar Hill, Carrollton, Cockrell Hill, Coppell, DeSoto, Duncanville, Garland, Grand Prairie, Grapevine, Highland Park, Irving, Lancaster, Lewisville, Mesquite, Richardson, Seagoville, University Park, Wilmer, Wylie.
You need a Collin County Criminal Attorney if you were arrested for DWI in Plano, McKinney, Carrollton, Celina, Dallas, Fairview, Frisco, Garland, Lucas, Melissa, Murphy, Nevada, New Hope, Prosper, Richardson, St. Paul, Westminster, Weston, Wylie.
You need a Denton County Criminal Attorney if you were arrested for DWI in Dallas, Argyle, Aubrey, Bartonville, Carollton, Coppell, Corinth, Denton, Flower Mound, Fort Worth, Hebron, Highland Village, Justin, Lake Dallas, Lakewood Village, Lewisville, Northlake, Plano, Prosper, Southlake, The Colony, Westlake.
You need a Tarrant County Criminal Attorney if you were arrested for DWI in Fort Worth, Arlington, Bedford, Burleson, Colleyville, Crowley, Euless, Everman, Flower Mound, Grapevine, Grand Prairie, Hurst, Keller, Lakeside, Mansfield, North Richland Hills, River Oaks, Saginaw, Southlake, Westlak.