DWI With Child Passenger in Texas: How To Win Your Case (2025)

Описание: Texas Penal Code §49.045 states that a person commits the felony offense of Driving While Intoxicated (DWI) with Child Passenger if:

• The person is intoxicated while operating a motor vehicle in a public place; and

• The vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.

What Is “Intoxication” Under Texas DWI Law?

Under Texas Penal Code, Section 49.01(2), “Intoxicated” means:

a. Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; OR

b. Having an alcohol concentration of 0.08 or more.

What Is “Operating” A Motor Vehicle Under Texas DWI Law?

As mentioned above, the State of Texas must prove beyond a reasonable doubt that you were “operating” a motor vehicle in a public place, while intoxicated. Most people believe the term “operating” means driving a vehicle. However, the Texas Court of Criminal Appeals has expanded the meaning of “operating” to mean activity that does not necessarily require the movement of the vehicle.

What Is A “Public Place” Under Texas DWI Law?

A Public Place is specifically defined under the Texas Penal Code as any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

In other words, you can be on what appears to be private property but if a substantial group of the public has access to the area, the criminal courts will likely find that it meets the definition of “public place” under Texas DWI law.

What Is The Penalty For DWI With A Child Passenger In Texas?

Under Texas Penal Code §49.04, DWI with child passenger is a State Jail Felony offense that imposes a fine of up to $10,000, a state jail sentence ranging from 180 days to 2 years, and a mandatory driver’s license suspension. If you receive probation for DWI with child passenger, you could be looking at a DWI probation term of up to 5 years, intensive conditions of probation and a mandatory driver’s license suspension.

Legal Defenses To DWI With A Child Passenger In Texas

If you have been arrested and charged with DWI with child under 15, it is critical that you hire an experienced and aggressive DWI attorney with a proven track record of success with DWI cases so that they can sit down with you, analyze the evidence, and formulate a winning DWI defense strategy. Let us examine a few common DWI defenses that could apply to your case:

Not Intoxicated At The Time Of Driving

What if the DWI officer took a sample of your breath or blood and the result came back over 0.08? Does that automatically mean that you are guilty of DWI? Not always.

It is critical to remember that the district attorney’s office will be required to prove beyond a reasonable doubt that you were operating a motor vehicle while intoxicated and a child under 15 years of age was present. What if the blood sample was taken 3 or 4 hours after you were operating the vehicle? How can they prove that you were intoxicated AT THE TIME OF OPERATING THE VEHICLE?

Free Guides:
What to Do When You've Been Charged in Texas: https://www.criminalattorneyfortworth...
Ultimate Guide to DWI Defense in Texas: https://www.criminalattorneyfortworth...
What to Do When Charged with Domestic Violent Crime: https://www.criminalattorneyfortworth...
How to Beat a Drug Charge in Texas: https://www.criminalattorneyfortworth...

00:00 How To Beat A DWI With Child Passenger Charge In Texas
00:45 What To Do First If Faced A DWI With A Child Passenger Charge?
01:40 What Is DWI With A Child Passenger?
02:14 What Is Intoxicated?
02:39 What Does “Operating” Mean?
03:52 What Is A Public Place?
04:35 What Is Required For A License Revocation Hearing?
04:45 Implied Consent Law
06:38 What Is The Penalty For DWI With A Child Charge?
08:10 Legal Defenses To A DWI With A Child Charge