Driving While Intoxicated with Child Passenger

From the Law Office of Alison Grinter in Dallas, Texas

Contents 1 Degree 2 Statute(s) 3 Caselaw 4 Collateral Consequences 5 Notes

Degree

DWI with a child is a state jail felony

Statute(s)

§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.

Caselaw

Collateral Consequences

License Suspension

Ineligible for Deferred Adjudication

Surcharges
Adoption and Foster Care

Notes

The 2009 legislature gave police the power to force persons arrested for Chapter 49 offenses involving the operation of a motor vehicle to submit to warrantless blood draws if the person was

a.) an individual other than the person [driving] has suffered bodily injury and was transported to a hospital or other medical facility for medical treatment;
b.) the person is under arrest for DWI with a child passenger under 15;
c.) the officer has reliable information that the person has been previously convicted of DWI two or more times; or
d.) the officer has reliable information that the person has been previously convicted of DWI with a child passenger under 15, intoxication assault, or intoxication manslaughter.