DWI Child Passenger

How much time can I get for a DWI when my kids are in the car?

If you have been arrested in Texas for driving while intoxicated with a child passenger under the age of 15, you will be charged with a state jail felony, which is punishable by not less than six months and up to two years in state jail, and/or a $10,000 fine, or probation for as long as five years, and a mandatory driver’s license suspension.

Texas Penal Code Section 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.


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