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Tex. Penal Code § 49.045

DRIVING WHILE INTOXICATED WITH CHILD PASSENGER.

Texas DWI statute · Effective September 1, 2003 · Checked against the official text September 10, 2026 · How we research and review these pages

What this section governs

Texas DWI with child passenger under 15: intoxicated operation in public place; state jail felony.

Plain-language summary

This is Texas's criminal DWI-with-child-passenger offense. Subsection (a) makes a person commit 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. Subsection (b) grades an offense under this section as a state jail felony. This is a distinct Chapter 49 offense, not a subsection of § 49.04 — including that it is not the same as § 49.04(e) school-crossing-zone state jail felony (different elements; Acts 2025 Ch. 991 / S.B. 826 amends § 49.04 only and does not amend this section). "Intoxicated" is defined in § 49.01, not restated here. Repeat / enhanced ladders that count § 49.045 live in § 49.09 — pointer only; do not invent prior ladders on this page. Currency: Capitol PE.49 § 49.045 history Acts 2003, 78th Leg., ch. 787, Sec. 1, eff. Sept. 1, 2003 (unchanged); S.B. 826 does not amend this section; verified 2026-09-10.

Official text (excerpt)

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. Added by Acts 2003, 78th Leg., ch. 787, Sec. 1, eff. Sept. 1, 2003.

Source: Texas Legislature (Texas Constitution and Statutes), accessed September 10, 2026. The excerpt is reproduced verbatim; read the full section on the official site before relying on it.

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