Passengers rarely face charges for Driving While Intoxicated (DWI) in Texas, but they are not immune to legal consequences. Various situations can result in charges against a passenger, ranging from open container violations to public intoxication. Understanding these scenarios can help passengers avoid trouble and better protect themselves in the event of a DUI-related arrest.

What does Texas law say about passengers and DWI charges?

In Texas, a DWI charge applies to anyone operating a motor vehicle while impaired by alcohol or drugs. Passengers, by definition, are not driving, so they can't typically be charged with DWI. However, there are exceptions where passengers could face related charges depending on their actions or circumstances. These include:

Open container violations

Texas law strictly prohibits open containers of alcohol in the passenger area of a vehicle on a public road. This rule applies whether the vehicle is moving or parked. Passengers with open containers of alcohol can face a Class C misdemeanor charge, punishable by a fine of up to $500. This applies regardless of whether the driver is sober or intoxicated.

Public intoxication

Passengers who are visibly intoxicated and pose a risk to themselves or others can be charged with public intoxication. While inside the vehicle, this may not be an issue, but if the passenger exits during a traffic stop or an incident, they could face charges. Public intoxication is also a Class C misdemeanor in Texas, with fines up to $500.

Child endangerment

Texas has strict penalties for drivers charged with DWI while transporting a child under 15 years old. Although this charge doesn’t apply to passengers, drivers face enhanced penalties, including:

• Fines up to $10,000
• Jail time ranging from six months to two years
• License suspension for 90 days to two years

Additionally, drivers may face separate child endangerment charges, which could result in the loss of custody or visitation rights. Passengers who encourage or enable a drunk driver with a child in the vehicle could also face legal consequences.

What happens if police suspect seat-switching?

In some cases, passengers and drivers may attempt to switch seats to avoid DWI charges. If law enforcement suspects this occurred, they could charge the passenger with DWI. Officers may use evidence like witness statements, body camera footage, or the positioning of the occupants to support their case.

Can a passenger be charged for sitting in the driver’s seat?

If a passenger is found sitting in the driver’s seat with the keys in a public place, they could be charged with DWI. Texas law considers anyone in control of the vehicle as a driver, even if the car isn’t moving. Sitting in the driver’s seat while intoxicated, with access to the keys, may be enough for police to issue a DWI charge.

How can passengers avoid trouble in DWI situations?

Passengers can take steps to avoid being charged or entangled in a DWI case:

• Avoid carrying open containers of alcohol in the vehicle.
• Never allow or encourage an intoxicated person to drive.
• Stay calm and respectful during a traffic stop.
• Avoid switching seats with the driver under any circumstance.
• If intoxicated, stay inside the vehicle to avoid public intoxication charges.

Let a Texas attorney fight your charges from the beginning

If you’re a passenger facing charges after a traffic stop in Texas, you need someone in your corner who knows the law inside and out. Amanda Webb - DWI Lawyer can uncover mistakes in your case and work toward minimizing or eliminating the charges against you.

We’ll start with a free consultation to hear your side of the story and explain your options clearly. We’ll also examine every detail of your case, from how the stop was initiated to how evidence was handled. Whether you’re facing fines, potential jail time, or a damaged record, Amanda Webb will build a strong defense to protect your rights. Contact us online or call our Conroe office today to get the legal help you need.

"Wonderful communication, thorough documentation, and pulled out all the best punches. Would recommend them to anyone in a pinch. I know who I’d go to if I got in trouble again, Amanda is an angel." — Andreas B.
⭐⭐⭐⭐⭐

Protect your rights and your future with an experienced DWI attorney

You’ve been arrested for DWI. Now, you’re looking at an uncertain future: jail time, fines, loss of driving privileges, and all the effects those consequences could have on your career, your housing, and your relationships. What can you do? You need to get the right DWI attorney who knows how to beat those charges.

There are several strategies an experienced DWI lawyer can use to overcome the charges against you, including but not limited to:

Challenging the traffic stop

The police may not have had a valid reason to pull you over in the first place. An officer must at least have “reasonable suspicion” that you were driving drunk or otherwise violating traffic laws. Or the officer may have violated your rights during the traffic stop itself. If your lawyer successfully challenges the traffic stop, then everything the police discovered during or after the stop can be thrown out, which usually means there is no evidence left for the prosecution to use.

DUI checkpoints are an exception to the usual rules around traffic stops. However, checkpoints have other constitutional requirements that the police need to abide by. Again, if the police violated your rights in a DUI checkpoint, then the traffic stop can be challenged, and any evidence they discovered via the unlawful traffic stop can be suppressed.

Challenging the search

Even during a legal traffic stop, the police can only search your car with a warrant, your consent, or probable cause to suspect criminal activity. This doesn’t apply to evidence that is “open and obvious” in your vehicle, but it does apply to opening the trunk, looking under the seats, and so on. Again, if the police obtained evidence through an illegal search, that evidence can be suppressed so that it can’t be used to convict you.

Challenging the credibility of the evidence against you

If the evidence against you can’t be thrown out, an experienced DWI attorney can cast doubt on the validity and credibility of that evidence. For example, breath test results may not be reliable if the police cannot prove that the machine was properly calibrated or if they did not follow proper testing protocol. Breath tests can also produce false positives if you recently used mouthwash, have taken certain medications, or have certain medical conditions such as diabetes or COPD.

Field sobriety tests are likewise unreliable, especially if your performance in the test was affected by darkness, a medical condition, or other factors unrelated to your level of intoxication. Moreover, field sobriety test results depend on the officer’s interpretation, which may be unreliable.

Talk to an experienced DWI attorney about your rights

These are just a few of the strategies that a DWI lawyer can use to protect your rights and beat the charges against you. The exact strategy that will work best in your case depends on the circumstances. That’s why it’s so important to get legal advice as soon as possible after you are arrested and charged with DWI.

As an experienced defense attorney and former prosecutor, Attorney Webb knows how to fight DWI charges and get real results for defendants in Conroe, Montgomery County, and throughout the Houston area. Give us a call or contact us online for a free, confidential consultation.

"Amanda and her staff helped me through my recent DWI. She gave me several options that were available to me. I would highly recommend her to represent you. She did a great job on my case." - Cheryl B.

The National Transportation Safety Board (NTSB) and other traffic safety advocates are pushing for a significant change in how we handle drunk driving in the United States. Specifically, they want to lower the legal blood alcohol concentration (BAC) limit for drivers from 0.08% to 0.05%. While the goal is to reduce traffic injuries and fatalities, this move is not supported by clear scientific evidence and may lead to more DWI arrests without making our roads any safer.

The questionable science behind 0.05% BAC

One of the central arguments for lowering the BAC limit is that the U.S. has one of the highest legal limits in the world. However, the assumption that lowering the limit will lead to fewer traffic deaths is overly simplistic and unsupported by comprehensive data. In fact, the difference between a BAC of 0.05% and 0.08% in terms of impairment is minimal for most individuals. Scientific studies have shown that while drivers with a BAC of 0.08% may have impaired judgment and slower reaction times, the impairment at 0.05% is far less pronounced.

Advocates for the change argue that countries with lower BAC limits have fewer traffic fatalities, but this comparison is flawed. Many factors contribute to road safety, including infrastructure, law enforcement practices, and public transportation availability.

At Amanda Webb - DWI Lawyer, our Conroe DWI defense lawyers know that simply lowering the BAC limit does not guarantee a reduction in fatal accidents. In fact, the scientific evidence does not conclusively show that lowering the BAC from 0.08% to 0.05% will result in fewer crashes or deaths. Instead of improving safety, this move could create unnecessary legal consequences for responsible drivers.

A burden on responsible drivers

Getting arrested for drunk driving in Texas is an unnerving experience. The impact of the arrest can be felt for years to come. A conviction for drunk driving, known as DWI (Driving While Intoxicated) in Texas, can lead to any number of penalties, such as:

• Significant fines. In Texas, a first-time DWI offense can result in fines of up to $2,000. However, if your BAC is significantly above the legal limit or if it's a repeat offense, fines can go up to $10,000. These fines don't include court costs, legal fees, or the financial toll of mandatory DWI education classes.
• Loss of driver's license. A DWI conviction in Texas almost always results in a driver's license suspension. For first-time offenders, the suspension can last up to 12 months. Repeat offenders face longer suspension periods, sometimes lasting up to two years. Losing your license can make it difficult to commute to work, manage daily responsibilities, and maintain your quality of life.
• $3,000 fee to reinstate your license. Texas imposes steep surcharges to reinstate your driving privileges after a suspension. A DWI conviction can result in an annual fee of $1,000 to $2,000 for three years just to keep your license, meaning you could pay up to $3,000 or more in total.
• Jail sentence. In Texas, even a first DWI offense can land you in jail for up to 180 days, especially if there are aggravating factors like a high BAC or an accident. Repeat offenses come with mandatory jail time, with second offenses carrying jail sentences from 30 days to one year, and third offenses potentially leading to two to 10 years in prison.
• Probation. If you avoid jail time, you'll likely face probation. In Texas, DWI probation can include regular meetings with a probation officer, community service, mandatory DWI education courses, and a requirement to avoid alcohol. Violating any conditions of probation can result in jail time or increased penalties.

In Texas, the consequences of a DWI conviction can have a serious and lasting impact on your life, from financial strain to restricted mobility and even the potential for jail time.

Increased legal consequences without solving the problem

While the goal of reducing traffic deaths is a noble one, lowering the BAC limit to 0.05% is not the answer. The scientific evidence does not clearly support the idea that this change will result in fewer fatalities, and the consequences for responsible drivers could be severe. A DWI conviction can have life-altering consequences — fines, community service, increased insurance rates, and even job loss. For many Texans, these penalties are particularly harsh given the widespread reliance on driving for daily activities.

Arrested for DWI in Texas? Let an experienced attorney fight for your rights

If you've been arrested for DWI in Texas, you need an experienced DWI defense attorney who understands Texas law and the court system. Amanda Webb - DWI Lawyer can fight to protect your rights, negotiate plea deals, retain your driving privileges, and help you avoid costly fees. Our law firm has years of experience with DWI defense. Our case results include:

• DWI & Unlawful Carrying a Weapon - Pretrial diversion
• DWI - Dismissed
• DWI - Reduced to reckless driving

Contact us today for a free case evaluation to see how we can fight to reduce or dismiss your charges and safeguard your future.

Getting charged with a DWI in Texas is a serious matter, even if it's your first time dealing with the law. The potential consequences are significant and can include jail time, the loss of your driving privileges, substantial fines, and long-term social repercussions that can affect your reputation and career. The gravity of a DWI charge cannot be understated.

However, with the right legal counsel, those accused of driving while intoxicated improve their chances of avoiding jail time. Amanda Webb – DWI Lawyer has the experience and aggressive legal strategy that attacks drunk driving charges for the best defensive outcome. Here's what you need to know about first-offense DWI and jail time.

Jail Time for a First Offense DWI: Is It Mandatory?

While jail time is a possibility for a first-offense DWI in Texas, it's not mandatory. The penalties you might face depend on the specifics of your case, including your blood alcohol concentration (BAC) at the time of the arrest and whether any aggravating factors were present, such as an open container of alcohol or an accident that caused injuries.

For a standard first-offense DWI, which is typically charged as a Class B misdemeanor, you could face:

• 3 to 180 days in jail
• A fine of up to $2,000
• A driver's license suspension for 90 days to 365 days

However, the penalties can increase under certain conditions:

• If there was an alleged open container of alcohol in the vehicle, the charge remains a Class B misdemeanor, but the potential jail time increases to 6 to 180 days.
• If a driver's BAC was allegedly 0.15% or higher, they could be charged with a Class A misdemeanor, which carries up to 1 year in jail and fines up to $4,000.
• In cases where an alleged DWI resulted in serious bodily injury, the driver could be charged with intoxication assault, a third-degree felony with penalties of 2 to 10 years in prison and fines up to $10,000.
• If an alleged DWI resulted in death, the driver could be charged with intoxication manslaughter, a second-degree felony with penalties ranging from 2 to 20 years in prison and fines up to $10,000.

Beyond the immediate consequences, a first DWI conviction in Texas can also lead to probation with regular check-ins with a parole officer, mandatory attendance in an alcohol education program, community service hours, and/or the installation of an ignition interlock device in your vehicle.

Ways to Avoid Jail Time for a First-Time DWI in Texas

Avoiding jail time for a first-time DWI offense in Texas is possible, but it's more likely if you have an experienced DWI defense lawyer who knows the ins and outs of the legal system. Here are some ways a drunk driving attorney can help:

• Deferred Adjudication: An experienced lawyer can negotiate for deferred adjudication, where you enter a no-contest or guilty plea but avoid a final conviction by fulfilling court-mandated conditions. Successfully completing these conditions can keep you out of jail and off your record. However, there are certain criteria the accused must meet to qualify for such an adjudication.
• DWI Probation: Your lawyer may be able to secure a probation sentence instead of jail time. Probation typically involves regular check-ins with a parole officer, community service, and mandatory alcohol education classes, but it allows you to avoid incarceration.
• Challenging the Evidence: A skilled attorney can examine the evidence against you, such as the breath test results and the officer's probable cause for pulling you over. If any flaws are found in the evidence or procedure, your lawyer can argue to have the charges reduced or dismissed.
• Negotiating Lesser Charges: Depending on the circumstances, your lawyer might negotiate with the prosecution to reduce the DWI charge to a lesser offense, which could come with milder penalties that do not include jail time.

Having a knowledgeable DWI defense lawyer is crucial in navigating these options and increasing your chances of avoiding jail time for a first-time DWI offense in Texas.

Protect Your Future With a DWI Defense Lawyer

While it's less likely you'll face felony charges for a first DWI, avoiding a conviction is critical. A DWI conviction stays on your record and can impact your career, car insurance rates, and even your ability to rent or own a home. Fortunately, you have legal options that can help you move forward.

Charged with DWI in the Houston area? Conroe DWI defense attorney Amanda Webb offers a free case evaluation to discuss your case. During this evaluation, you'll learn how she can work toward the best possible outcome and help you avoid the most serious consequences. Don't face this challenge alone. Contact an experienced DWI lawyer who knows the Texas legal system - both as a former Montgomery County prosecutor and a Houston area criminal defense lawyer - and can fight for your rights.

DWI checkpoints (also known as sobriety checkpoints) are predetermined locations where law enforcement officers stop vehicles to assess drivers for signs of intoxication. Officers typically set up these checkpoints during times when drunk driving is more likely to occur, such as holidays or weekends. While many states use this method to deter and catch impaired drivers, Texas has taken a different approach.

Are DWI checkpoints legal in Texas?

Texas is one of the few states in the U.S. that does not permit DWI checkpoints. This prohibition stems from the interpretation of the Texas Constitution and state laws regarding search and seizure. Unlike some other states, Texas requires law enforcement to have probable cause or reasonable suspicion to stop a vehicle. The Texas Court of Criminal Appeals has ruled that checkpoints violate the Fourth Amendment.

Additionally, Texas places a high value on probable cause in traffic stops. This means that officers must have a specific reason to believe a driver is breaking the law before initiating a stop. Checkpoints, by their nature, stop all vehicles without any individualized suspicion, which conflicts with this legal principle.

How does Texas enforce DWI laws without checkpoints?

Despite the absence of checkpoints, Texas law enforcement actively works to catch drunk drivers through other means. That includes:

• No-refusal weekends: During certain periods, usually holidays, judges remain on call to quickly provide warrants for blood tests if a driver refuses a breathalyzer.
• Increased patrols: Law enforcement agencies often increase the number of officers on duty during high-risk times for drunk driving.
• Saturation patrols: Officers concentrate their efforts in areas known for DWI offenses or around locations where alcohol is served.

What should Texas drivers know about DWI laws?

Although Texas doesn't conduct DWI checkpoints, drivers must understand that the state takes drunk driving very seriously. Texas has strict DWI laws with severe penalties, including fines, license suspension, and potential jail time.

Drivers should know that refusing a breathalyzer test can result in automatic license suspension under Texas' implied consent laws. During no-refusal periods, officers can quickly obtain warrants for blood tests, making it difficult to avoid chemical testing if suspected of DWI.

You have rights. Our Texas law firm can fight for them

If you've been charged with a DWI in Texas, it's critical to understand your rights and get legal representation as soon as possible. At Amanda Webb - DWI Lawyer, we have decades of experience defending clients against DWI charges throughout Texas. We have a deep understanding of Texas DWI laws, including the state's unique stance on checkpoints and probable cause, and we'll fight to build a strong, effective defense for you.

That includes making the following arguments:

• Your 4th amendment rights were violated.
• The officer failed to follow proper protocol.
• The breath test administered by the officer was faulty or inaccurate.
• There were errors in the blood test or other chemical tests.

Don't let a DWI charge jeopardize your future. Time is of the essence in Texas DWI cases, so don't delay. Contact us to schedule a free and confidential consultation. We'll listen to your story, answer any questions you have, and work with you to develop a legal strategy to defend your freedom.