Definition of Driving While Intoxicated (DWI) with Child Passenger - Texas Penal Code Section 49.045
§ 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.