Tex. Codes » Penal Code · TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS · CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES
Texas Codes

Tex. Penal Code § 49.045 (2026)

Driving While Intoxicated With Child Passenger

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Sec. 49.045. DRIVING WHILE INTOXICATED WITH CHILD PASSENGER. (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.

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

Notes of Decisions
Cited in 84 cases (11 in the last 5 years), 2005–2026 · leading case: Bigon v. State, 252 S.W.3d 360 (Tex. Crim. App. 2008).
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Bigon v. State, 252 S.W.3d 360 (Tex. Crim. App. 2008). · cites it 4× “TEX. PEN. CODE ANN. § 49.045. Because this statute clearly dispenses with a culpable mental state, the court held that the felony murder charge also did not require a culpable mental state and upheld the trial court's decision not to quash the indictments.”
Houston v. State, 201 S.W.3d 212 (Tex. App.—Houston [14th Dist.] 2006). · cites it 4× “The indictment also alleged appellant had been previously convicted of (1) felony attempted possession of a controlled substance and (2) felony possession of a controlled substance. Appellant entered a plea of guilty to the primary offense, and a plea of true to the enhancement…”
Kimberly Gonzalez v. State, 516 S.W.3d 18 (Tex. App.—Corpus Christi 2016). · cites it 4× “See Tex. Penal Code Ann. § 49.045 (West, Westlaw through 2015 R.”
Pointe v. State, 371 S.W.3d 527 (Tex. App.—Beaumont 2012). · cites it 3× “A person is intoxicated when he does not have the normal use of mental or physical faculties by reason of the introduction of alcohol into the body. Id. § 49.01(2)(A) (West 2011). A deadly weapon includes anything that in the manner of its use or intended use is capable of…”
Loredana Bertolotti Gore v. State, 451 S.W.3d 182 (Tex. App.—Houston [1st Dist.] 2014). · cites it 2× “See Tex Penal Code Ann. § 49.045 (Vernon 2011).”
State v. Guzman, 182 S.W.3d 389 (Tex. App.—Austin 2005). “Tex. Pen.Code Ann. § 49.045 (West Supp.2005).”
Case Cooper Nelson v. State, 504 S.W.3d 410 (Tex. App.—Eastland 2016). “Tex Penal Code § 49.045 (West 2011). The trial court assessed Appellant’s punishment at confinement for six months and a fine in the amount of $1,500.”
Bell v. State, 485 S.W.3d 663 (Tex. App.—Eastland 2016). “Tex Penal Code Ann. § 49.045 (West 2011).”
Gonzalez, Kimberly, No. PD-1455-16 (Tex. Crim. App. Dec. 22, 2016). · cites it 4× “5 iii Tex. Penal Code § 49.045. ...............”
Lauren Olsen v. State, 606 S.W.3d 342 (Tex. App.—Houston [1st Dist.] 2020). · cites it 3× “She argues that the jury should have been instructed that if it resolved these disputed fact issues in her favor, it was then required to disregard the laboratory results of her post-arrest blood draw because this evidence was illegally obtained.”
Gore, Loredana Bertolotti, No. PD-1639-14 (Tex. Crim. App. Jan. 21, 2015). · cites it 4× “10 TEX. PENAL CODE ANN. § 49.045. . . . . . .”
Tara Carson Lane v. State, No. 10-13-00380-CR (Tex. App.—Waco Aug. 27, 2015). · cites it 4× “Specifically, Lane asserts that the trial court erred by: (1) admitting the results of her blood test; (2) denying her request for a jury charge under article 38.23 of the Texas Code of Criminal Procedure, see TEX.”
Show all 84 citing cases →
Tex. Penal Code § 49.045(a): 6 cases
Lauren Olsen v. State, 606 S.W.3d 342 (Tex. App.—Houston [1st Dist.] 2020). “She argues that the jury should have been instructed that if it resolved these disputed fact issues in her favor, it was then required to disregard the laboratory results of her post-arrest blood draw because this evidence was illegally obtained.”
Srihari Avula v. State, No. 05-13-00405-CR (Tex. App.—Dallas Feb. 3, 2015).
Gonzalez, Kimberly, No. PD-1455-16 (Tex. Crim. App. Dec. 22, 2016). “5 iii Tex. Penal Code § 49.045. ...............”
Malarie Godoy v. State, No. 13-17-00442-CR (Tex. App.—Corpus Christi Aug. 23, 2018).
Felecia Rae Suetos v. State of Texas, No. 13-20-00374-CR (Tex. App.—Corpus Christi–Edinburg June 10, 2021).
Tex. Penal Code § 49.045(a)(1): 2 cases
Kenton Fryer v. State, 580 S.W.3d 300 (Tex. App.—Houston [14th Dist.] 2019).
Gore, Loredana Bertolotti, No. PD-1639-14 (Tex. Crim. App. Jan. 21, 2015). “10 TEX. PENAL CODE ANN. § 49.045. . . . . . .”
Tex. Penal Code § 49.045(b): 2 cases
Keonnis Rachael Velmesh Johnson v. State of Texas, No. 12-20-00224-CR (Tex. App.—Tyler Jan. 12, 2022).
Tiffany Ann Fleming v. State of Texas, No. 03-24-00011-CR (Tex. App.—Austin May 8, 2025).
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