Driving While Intoxicated With Child Passenger Is A Felony


This CNN story discusses the push in Georgia for more severe penalties for DUIs while having a child passenger. In Texas the legislature has already enacted more severe penalties for DWI with a child passenger. A first time DWI is a Class B Misdemeanor. However, a DWI with a Child Passenger is classified as a State Jail Felony.

The statute is enacted in the Texas Penal Code Section 49.045:

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.

A State Jail Felony is punishable by up to 2 years and not less than 180 days in the State Jail and up to a $10,000 fine.

If you are someone you know is in need of a DWI lawyer in Houston call Houston DWI Attorney Mario Madrid at 713-877-9400.

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