Driving While Intoxicated with a child passenger.   If you were operating a motor vehicle in a public place on any open road (highway, street, county road, parking lot, etc) with a child younger than 15 years of age as a passenger, you have upgraded your DWI to a State Jail Felony.

Texas Penal Code 49.045:

(a) a person commits an offense if:

(1) the person is intoxicated while operating a motor vehicle in a public place; and

(2) teh vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.

(b) An offense under this statute is a state jail felony.

A person found guilty of a State Jail Felony shall be punished by confinement in the state jail for a term of not less than 180 days (six months) and not more than two years.   In addition, they may be fined in an amount not to exceed $10,000.00.

Don’t drink and drive with your child in your motor vehicle.