Driving While Intoxicated With a Child Passenger is classified as which type of offense?

• A. Class B Misdemeanor
• B. Felony 3
• C. State Jail Felony
• D. Felony 2

Answer: (C)

The key idea is that Texas law enhances a Driving While Intoxicated charge when a child passenger is present. If the vehicle contains a child under 15, the offense is classified as a state jail felony, even for a first DWI. This upgrade acknowledges the added risk to a child and carries typical penalties of roughly 180 days to 2 years in state jail (plus possible fines up to around $10,000). Without a child in the car, a first DWI is usually a Class B misdemeanor, and higher felonies would require additional factors like injuries, prior convictions, or deaths. So, with a child passenger, the correct classification is a state jail felony.