In Texas, like every other state, it’s unlawful to drive while under
the influence of alcoholic beverages or a controlled substance. Texas’
drunk driving law is covered under Sec. 49.04 of the Texas Penal Code.
Under this section,
DWI is typically charged as a Class B misdemeanor offense, providing the driver’s
blood alcohol concentration is below 0.15%. If the driver’s BAC
is 0.15% or more, the offense is charged as a Class A misdemeanor.
A first DWI is typically charged as a Class B or Class A misdemeanor depending
upon the driver’s BAC. However, if there are “aggravating
factors,” such as causing bodily injury to someone else, or having
a child in the vehicle, the driver will face additional penalties.
For the purposes of this post, we are going to discuss
Driving While Intoxicated with a child passenger under Texas law.
Driving While Intoxicated With Child Passenger
In Texas, it’s a crime to driving while intoxicated with a child
in the vehicle. Under Sec. 49.045, a driver will face additional criminal
charges if he or she is intoxicated and they drive a vehicle with a child
passenger who is under the age of 15.
Driving While Intoxicated with a child passenger is a state jail felony
under Sec. 49.045, which is punishable by:
- 180 days to 2 years confinement
- A fine not to exceed $10,000
If you are caught driving while intoxicated and a child was in your vehicle
at the time of your arrest, not only will you face Class A or Class B
misdemeanor charges, but you could face additional charges for DWI with
a child passenger, a state jail felony offense.
Were you arrested for DWI while a child under the age of 15 was in your
vehicle? If so, you are facing at least 6 months in jail for the child
passenger charge alone. If you have a family, how would you going to jail
In the face of DWI charges, we urge you to
contact our Plano DWI attorneys at The Zendeh Del Law Firm, PLLC for a hard-hitting
defense. We are on your side, let us see what we can do to help you!