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Tex. Penal Code § 49.045

DRIVING WHILE INTOXICATED WITH CHILD PASSENGER

Applied in 9 court decisions — leading case Bigon v. State (2008)

Most recently applied in Kimberly Gonzalez v. State (December 2016)

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

How often courts cite this section

20052010201630
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.