Driving While Intoxicated with Child Passenger

Chapter 49 of the Texas Penal Code defines intoxication and alcoholic beverage related offenses.

“Driving While Intoxicated with Child Passenger”, as per § 49.045 of the Texas Penal Code, occurs when a person:

  • is intoxicated while operating a motor vehicle in a public place; and
  • the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.

An offense under this section is a state jail felony.

Punishment Range

State Jail Felony

  • Confinement in a state jail for not more than two years and not less than 180 days
  • In addition to confinement, may receive a fine not to exceed $10,000

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