A very common aggravating factor in Texas DWI cases is the presence of a child passenger. Even if a person has never been charged with DWI before, if they are charged with DWI with a passenger who is younger than 15, the offense under Section 49.045 of the Texas Penal code is a state jail felony (rather than a Class B misdemeanor under 49.04(b)). In all DWI cases it is important to have a Texas DWI lawyer working with you for the best possible outcome.
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.