Transportation Code · §49.045

DWI With Child Passenger

Operating a motor vehicle in a public place while intoxicated, with a passenger younger than 15 years of age in the vehicle. State jail felony even on a first offense.

The base classification is State jail felony, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Key points

  • Operating motor vehicle in public place
  • While intoxicated
  • Passenger younger than 15 in the vehicle
Texas Law — Charge Details
State Jail Felony
Offense
DWI With Child Passenger
Statute
Tex. Penal Code §49.045
Classification
State jail felony

Operating a motor vehicle in a public place while intoxicated, with a passenger younger than 15 years of age in the vehicle. State jail felony even on a first offense.

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Worked examples

Worked example 1

DWI with a child passenger younger than 15 years of age (§49.045) is what level of offense?

  1. Class A misdemeanor
  2. State jail felony Correct
  3. 3rd degree felony
  4. 2nd degree felony
Why: DWI with a child passenger younger than 15 is a state jail felony, even on a first offense.
Statute: Tex. Penal Code §49.045