A Texas man was arrested for allegedly driving while intoxicated with a 12-year-old in his car after a crash occurred in Harris County.
In a Facebook post by Constable Mark Herman, deputies responded to a minor vehicle crash in the 2700 block of Treaschwig Road on Sept. 12. After further investigation, deputies identified the driver as Daniel Franklin and said he displayed signs of intoxication.
Franklin agreed to perform a field sobriety test, but he ended up failing it. Investigators also determined that the 12-year-old boy was in the vehicle at the time of the crash. No injuries were reported.
Afterward, Franklin was arrested and charged with driving while intoxicated with a child passenger. Franklin’s bond was set at $8,000.
The Child’s Age Matters
It’s important to note that Texas law makes a driving while intoxicated charge a separate offense when a child is present.
Under Texas Penal Code 49.045, the offense is committed if the person operates a motor vehicle in a public area while intoxicated with a child younger than 15 years old. It’s classified as a state jail felony
Meaning that the alleged intoxication and the passenger’s age are both crucial pieces of information for the charge to stick. The law also does not require the child to have been injured.
What It Means
A state jail felony is a separate felony category under Texas law that comes with its own rules. A person convicted of a state jail felony usually faces between 180 days and two years in a Texas state jail facility. A fine of $10,000 can also be imposed by the court.
The rules for this type of felony differ from other felonies, such as probation and parole. Also, unlike other felonies, a state jail felony generally does not involve parole.
In Franklin’s case, the state jail felony allegation is based on the accusation that he was driving while intoxicated with a child younger than 15 in the vehicle. Deputies did not provide information about Franklin’s blood alcohol concentration or identify a specific substance involved in his alleged intoxication. What caused the crash to happen also wasn’t specified.
Franklin was taken into custody following the investigation and faces the DWI with child passenger charge.
An arrest is not a finding of guilt. Franklin is presumed innocent unless proven guilty in court.