Penal Code · §49.045

DWI with Child Passenger

Elements

  • A person
  • Is intoxicated while operating a motor vehicle in a public place
  • The vehicle being operated by the person is occupied by a passenger
  • Who is younger than 15 years of age

Penalty

State jail felony — 180 days to 2 years state jail + up to $10,000 fine (§12.35).

Enhancements

Driver's license suspension applies. Each child passenger may support a separate count. Combined with priors, may rise to higher classification.

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