May 15, 2008
Texas Driving While Intoxicated (Texas DWI) with Child Passenger
Sec. 49.045. DRIVING WHILE INTOXICATED WITH CHILD PASSENGER.
(a) A person commits an offense if:
(1) the person is intoxicated while operating a motor vehicle in a public place; and
(2) the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.
(b) An offense under this section is a state jail felony.
Added by Acts 2003, 78th Leg., ch. 787, Sec. 1, eff. Sept. 1, 2003.
Table of contents for DWI Texas Law
- Definitions for Texas DWI Law
- Texas Public Intoxication Law
- Texas Open Container Law
- Texas Driving While Intoxicated (Texas DWI)
- Texas Driving While Intoxicated (Texas DWI) with Child Passenger
- Flying While Intoxicated
- Boating While Intoxicated
- Assembling or Operating Amusement Ride While Intoxicated
- Intoxication Assault
- Intoxication Manslaughter in Texas
- Enhanced Offenses and Penalties for a Texas DWI
- Legal Use of Drug or Alcohol No Defense to DWI in Texas
- Proof of Mental State (Intent) Not Necessary for DWI Conviction in Texas
- Intoxication Assault and Intoxication Manslaughter Don't Apply to Unborn Child if Committed by Mother
Filed under Austin DWI, Blog, Texas DWI by Tracy Robinson
Comments on Texas Driving While Intoxicated (Texas DWI) with Child Passenger »
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What happens to the passenger if they are drunk as well as the driver
@jjjo: If the passenger keeps his or her mouth shut, he/she won't be charged with anything but will have to go downtown if noone else is sober to drive home. But I have seen many cases where the passenger gets belligerent and then gets charged with public intoxication or disturbing the peace. I even know of one instance where the passenger was asleep (probably passed out) in the backseat and the police had her get out the car and charged her with public intoxication. I think that got knocked down later but still . . .