A passenger under 15 escalates a DWI to a state jail felony regardless of prior record, including on a first offense.
This charge automatically escalates a DWI when a passenger under 15 is in the vehicle, regardless of whether it is a first offense. A case that would otherwise be a Class B misdemeanor becomes a state jail felony.
Barrera Defense defends these cases the same way it defends any DWI, by examining the stop, the field sobriety tests, the breath or blood evidence, and the arrest procedures, while also addressing the collateral consequences a felony allegation involving a child creates.
Citation: Texas Penal Code §49.045
Degree and classification: State jail felony, regardless of prior record.
Statutory language: A person commits an offense if they are intoxicated while operating a motor vehicle in a public place and the vehicle is occupied by a passenger younger than 15.