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Penalties for DWI With Child Passenger

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 affect them?

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!