Which offense is classified as a State Jail Felony in the provided material?

• A. Driving While Intoxicated With a Child Passenger
• B. Boating While Intoxicated
• C. Intoxication Assault
• D. Intoxication Manslaughter

Answer: (A)

This item tests knowledge of Texas felony classifications and which offenses carry a State Jail Felony. A State Jail Felony carries 180 days to 2 years in state jail (and up to $10,000 fine). Driving while intoxicated with a child passenger is elevated to a State Jail Felony because the presence of a child as a passenger triggers the enhanced penalty under Penal Code 49.045. The other offenses fall into different categories: Boating While Intoxicated is typically a Class B misdemeanor, Intoxication Assault is a third-degree felony, and Intoxication Manslaughter is a second-degree felony. Therefore, the DWI with a child passenger is the one classified as a State Jail Felony.