DRIVING WHILE INTOXICATED W/CHILD UNDER 15 YOATexas Penal Code (PC) § 49.045(b)
“DRIVING WHILE INTOXICATED W/CHILD UNDER 15 YOA” stands for Driving While Intoxicated with Child under 15 Years of Age, a state jail felony under Texas Penal Code (PC) § 49.045(b). It is punishable by 180 days to 2 years in a state jail and a fine up to $10,000.
Below: how these cases end in Texas courts, how long they take, and the punishment.
What does “DRIVING WHILE INTOXICATED W/CHILD UNDER 15 YOA” mean?
“DRIVING WHILE INTOXICATED W/CHILD UNDER 15 YOA” stands for Driving While Intoxicated with Child under 15 Years of Age, a state jail felony under Texas PC § 49.045(b).
Texas Penal Code § 49.045 defines driving while intoxicated with a child passenger. The State must prove the accused operated a motor vehicle in a public place while intoxicated, and that the vehicle was occupied by a passenger younger than 15 years of age. "Intoxicated" carries the definition in Texas Penal Code § 49.01: lacking the normal use of mental or physical faculties because of alcohol, a controlled substance, a drug, a dangerous drug, or a combination of substances, or having an alcohol concentration of 0.08 or more. The presence of the child passenger is what separates this offense from ordinary driving while intoxicated under § 49.04, and it applies on a first arrest without any requirement of a prior conviction. As with other intoxication offenses, § 49.11 provides that proof of a culpable mental state is not required.
What usually happens to a DRIVING WHILE INTOXICATED W/CHILD UNDER 15 YOA charge?
31% ended without a conviction, 1% in deferred adjudication and 66% in a conviction.
How 1,698 resolved DRIVING WHILE INTOXICATED W/CHILD UNDER 15 YOA charges filed 2019–2023 ended, across 15 counties (Bastrop, Bell, Brazoria, Collin, Comal, Dallas, Denton, FortBend, Galveston, Harris, Hays, Montgomery, Rockwall, Travis, Williamson):
| County | Resolved | Not convicted | Deferred | Convicted | Median days |
|---|---|---|---|---|---|
| Harris | 673 | 38% | 0% | 57% | 337 |
| Montgomery | 156 | 26% | 1% | 74% | 201 |
| Collin | 146 | 11% | 1% | 88% | 161 |
| Galveston | 134 | 38% | 0% | 62% | 327 |
| Denton | 121 | 2% | 0% | 98% | 350 |
Outcome is the final disposition recorded on the charge. “Other” (35) covers waived counts, bond forfeitures, transfers and unrecorded outcomes. Bexar County records disposition dates but not outcomes, so it counts toward time-to-disposition only. Tarrant County criminal records are not in this dataset.
How long does a DRIVING WHILE INTOXICATED W/CHILD UNDER 15 YOA case take to resolve?
Typically about 10 months: half of resolved cases closed within 292 days of filing.
Across 1,696 resolved DRIVING WHILE INTOXICATED W/CHILD UNDER 15 YOA charges filed 2019–2023, the median time from filing to disposition was 292 days. The middle half took between 170 and 478 days.
Time depends on the county's docket, whether the case is set for trial, and plea negotiations.
How did real DRIVING WHILE INTOXICATED W/CHILD UNDER 15 YOA cases end?
Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.
Ended without a conviction
Deferred adjudication
Ended in a conviction
What is the punishment for Driving While Intoxicated with Child under 15 Years of Age in Texas?
180 days to 2 years in a state jail and a fine up to $10,000.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| State jail felony | 180 days to 2 years in a state jail | Fine up to $10,000 | Penal Code § 12.35 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
How much is bail for DRIVING WHILE INTOXICATED W/CHILD UNDER 15 YOA in Texas?
The median bail is $5,000, and 12% of defendants were released on a personal bond.
Across 10,386 Texas bail settings for this charge (58 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $5,000 (middle half: $3,500 – $10,000). 12% of defendants were released on a personal bond, and bail was denied in 646 cases. When this was the only charge at booking (5,881 records), the median was $5,000 and 17% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Tarrant | 861 | $2,500 | $1,500 – $5,000 | 12% | 4% |
| Harris | 780 | $10,000 | $5,000 – $15,000 | 77% | 1% |
| Dallas | 729 | $5,000 | $2,500 – $10,000 | 1% | 5% |
| Bexar | 652 | $10,000 | $5,000 – $15,000 | 4% | 9% |
| Denton | 458 | $3,500 | $3,000 – $5,263 | 0% | 3% |
Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.
Charged with DRIVING WHILE INTOXICATED W/CHILD UNDER 15 YOA?
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Find a Defense AttorneyBail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.