An El Paso woman is facing serious charges following an arrest in the early morning of Oct. 19. The 22-year-old is facing DUI/DWI charges after she was pulled over by Texas police with a child in her vehicle. So far, no court date has been announced in connection with this case.
Details about the arrest are scarce as of this report, but it has been confirmed the woman was pulled over after allegedly being witnessed swerving in and out of her traffic lane. Police on the scene discovered a 4-month-old child in the vehicle, though the driver's relation to the child is unclear. Police say the officers determined the woman was intoxicated, though the arrest report did not mention whether roadside sobriety, breath or blood tests were administered.
The woman was taken to a local jail, where she was held on a $5,000 bond. Police likely remanded custody of the infant to family members. The woman faces a charge of driving while intoxicated with a child passenger under 15 years of age. If she is found guilty, she will likely lose her license and may face jail time.
In DUI/DWI cases, it is often difficult for Texas prosecutors to prove guilt in court. There are several routes a criminal defense attorney could take in a situation like this, but it would likely begin with a careful review of all evidence to be presented by the prosecution, including the arrest record and any evidence from breath or blood tests. If an investigation suggests that police did not observe due process in their arrest of the accused woman, charges could be reduced or the entire case could be thrown out of court.
Source: kvia.com, "EPPD: Woman driving drunk had 4-month-old child in vehicle", Oct. 19, 2017