DWI With a Child Passenger in Texas: Under-15 Rule, Evidence and Family Concerns

The passenger’s age is specific

Texas Penal Code Section 49.045 addresses a person who is intoxicated while operating a motor vehicle in a public place when the vehicle is occupied by a passenger younger than 15. It is a state jail felony under that section; prior convictions and other allegations may require additional review.

The rule is not simply any minor in the vehicle. It also does not require a crash or injury to the child as an element of Section 49.045. The State must still prove the intoxication, operation, public-place and passenger allegations.

The punishment range is not a sentence prediction

For an ordinary state jail felony punished under Section 12.35(a), the range is 180 days to two years, with a possible fine up to $10,000. Other enhancement and sentencing provisions can matter. Review the actual charge and history before assuming the range or available disposition.

Driving restrictions, bond conditions and collateral consequences require their own review. Avoid assuming a fixed license suspension or identical consequences for every person based on the charge label alone.

Criminal and child-safety proceedings are distinct

An incident can raise child-safety concerns and a report or investigation. Do not assume an arrest automatically determines removal, custody or parental rights. Those questions depend on the facts, the applicable process and any orders actually entered.

If contacted by DFPS, preserve the communications and obtain advice about the specific request and any existing court or safety-plan documents. Coordinate representation where proceedings overlap. Do not post identifying details or the child’s records publicly.

Review the evidence without promising a shortcut

A lawyer can assess the stop, operation, observations, testing and proof concerning the passenger. An evidence challenge has a particular legal basis and scope; an alleged error does not automatically make every later fact disappear.

Bring charging documents, bond conditions, DPS notices and any child-safety correspondence. Identify missing material and immediate obligations before discussing long-term possibilities.

Questions and records to compare

Question	Useful record	Limit to remember
Passenger allegation	Accurate age and occupancy evidence	The statute says younger than 15, not every minor
Intoxication allegation	Video, observations and test records	A child’s presence does not prove intoxication
Criminal conditions	Bond and court documents	A charge is not a sentence
Family concerns	DFPS correspondence and actual orders	An arrest does not automatically decide custody

What to bring

• Charging and bond documents

• DPS notices and envelopes

• Accurate passenger-age information for counsel

• Any DFPS correspondence or existing orders

• Available video and test information

Bring what you already have. Ask your lawyer about obtaining missing material, and do not post private case details in public comments.

Questions about your Houston DWI case?

To discuss representation, call Ruben Restrepo at 713-714-7330 or contact the office. Learn more about our Houston DWI practice.

Sources and review

Reviewed October 20, 2026. General information; the facts, applicable law, notices and orders in an individual case matter.

• Texas Penal Code Chapter 49 — Current legislative text reviewed October 20, 2026. Sections 49.01, 49.04, 49.045, 49.07 and 49.09; apply the provisions and effective dates relevant to the alleged offense.

• Texas Penal Code Chapter 12 — Punishments — Sections 12.34 and 12.35: ordinary third-degree and state jail felony ranges; other provisions may alter punishment.

• Texas Family Code Chapter 261 — Section 261.101 reporting threshold. A report is distinct from an automatic removal or custody decision.