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DWI with a Child Passenger

 A Driving While Intoxicated (DWI) charge in Texas can carry serious consequences.  It is important to know that these consequences may be elevated if there is a child passenger in your vehicle.

According to Texas Penal Code section 49.045, an individual can be charged with a DWI with a Child Passenger in Texas if he or she is operating a motor vehicle on public roads while intoxicated and has a passenger in the vehicle with him or her that is under the age of 15. If your BAC is above a .08, or you are intoxicated on any drug—illicit or prescription—you can be charged with this offense.

So, what are the consequences if you are charged with this? First off, it will be a state jail felony.  The consequences of any felony are severe.  In this case, you may spend from 180 days to 2 years in prison (with 180 days being the mandatory minimum).  You will also have up to a $10,000 fine and possibly hundreds of hours of community service.

Other consequences include:

  • DWI School
  • Alcohol and/or drug education or treatment,
  • Driver’s license suspension, and/or
  • Installation of an ignition interlock device.

If you have been charged with DWI with a Child Passenger in Williamson County, call the Law Office of Price & Wiggins, P.C., so that we can review your case.


This article was written and researched by Brooke Price. 

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