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.

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Comments on Texas Driving While Intoxicated (Texas DWI) with Child Passenger »

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January 1, 2009

jjjo @ 3:11 pm

What happens to the passenger if they are drunk as well as the driver

January 11, 2009

admin @ 6:35 pm

@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 . . .

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