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.

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Hugh Pearce - September 9, 2011 9:15 PM

I got into trouble the first time ever. Unfortunately I had my child in the car. It was DWI with child passenger. I just had back surgery(a lumbar fusion wit rods and screws) and I take medication. I also took some mucinex and claritan which the CVS Pharmasist told me to take. I blacked out which never happens and I was wandering if I could plea down to something other than the felony. I am disabled and receive benefits.

Hugh Pearce - September 9, 2011 9:25 PM

I got into trouble the first time ever. Unfortunately I had my child in the car. It was DWI with child passenger. I just had back surgery(a lumbar fusion wit rods and screws) and I take medication. I also took some mucinex and claritan which the CVS Pharmasist told me to take. I blacked out which never happens and I was wandering if I could plea down to something other than the felony. I am disabled and receive benefits.

Jennifer - January 10, 2012 11:52 PM

My husband took our 4 yr old daughter for the day and when he met me to drop her off he was intoxicated to the point that he couldn't even text. I filed a police report the next day. We have been separated for over 3 yrs now and getting a divorce. Is there anything I can do as far as restricting his visitations to protect her in the future?

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