DRIVING WHILE INTOXICATED W/CHILD UNDER 15 YOA
Driving While Intoxicated with Child under 15 Years of Age in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.
What “DRIVING WHILE INTOXICATED W/CHILD UNDER 15 YOA” means
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.
| Charged as | Share of bail records | Possible confinement | Fine | Source |
|---|---|---|---|---|
| State jail felony | 100% | 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.
Bail for DRIVING WHILE INTOXICATED W/CHILD UNDER 15 YOA in Texas
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.
Recent DRIVING WHILE INTOXICATED W/CHILD UNDER 15 YOA cases
| Case | County | Filed | Disposed | Outcome |
|---|---|---|---|---|
| 196920801010 | Harris | Jun 20, 2026 | Aug 28, 2026 | Dismissed by the prosecutor |
| 196524501010 | Harris | May 22, 2026 | Aug 27, 2026 | Convicted (plea vs. trial not recorded) |
| 196052701010 | Harris | Apr 18, 2026 | Aug 26, 2026 | Convicted (plea vs. trial not recorded) |
| 196635901010 | Harris | May 30, 2026 | Aug 25, 2026 | Dismissed by the prosecutor |
| 335-F-098 | Bastrop | Sep 16, 2025 | Aug 19, 2026 | Guilty or no-contest plea |
| 26-1041-K277 | Williamson | Jun 22, 2026 | Aug 19, 2026 | Guilty or no-contest plea |
| F26-2213-362 | Denton | Jun 22, 2026 | Aug 14, 2026 | Guilty or no-contest plea |
| F-25-34865 | Dallas | Nov 26, 2025 | Aug 13, 2026 | Guilty or no-contest plea |
| F-25-50853 | Dallas | Dec 17, 2025 | Aug 12, 2026 | Guilty or no-contest plea |
| 196118501010 | Harris | Apr 23, 2026 | Aug 10, 2026 | Dismissed by the prosecutor |
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.