Law Office of Kimberly N. Shanklin, PLLC.
Serving Denton County Since 2002

Driving While Intoxicated with Child Passenger

Driving While Intoxicated with Child Passenger

Chapter 49 of the Texas Penal Code defines intoxication and alcoholic beverage related offenses.

“Driving While Intoxicated with Child Passenger”, as per § 49.045 of the Texas Penal Code, occurs when a person:

  • is intoxicated while operating a motor vehicle in a public place; and

  • the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.

An offense under this section is a state jail felony.

Severity of Crime

State Jail Felony

  • Confinement in a state jail for not more than two years and not less than 180 days

  • In addition to confinement, may receive a fine not to exceed $10,000