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.