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.
To prove this offense, the State must establish each of the following elements: Operating motor vehicle in public place; While intoxicated; Vehicle occupied by a passenger under 15; State jail felony.
The base classification is State jail felony, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- Operating motor vehicle in public place
- While intoxicated
- Vehicle occupied by a passenger under 15
- 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.
Practice 1 question on this topic
Time yourself, score your run, review missed questions with statute references — Free Practice Pass cadets get limited access.
Worked examples
DWI with a child passenger younger than 15 years of age (§49.045) is what level of offense?
- Class A misdemeanor
- State jail felony Correct
- 3rd degree felony
- 2nd degree felony