Child Endangerment

Tex. Penal Code § 22.041. Abandoning or Endangering Child

(a) In this section, “abandon” means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability.

(b) A person commits an offense if, having custody, care, or control of a child younger than 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm.

(c) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment.

Tex. Penal Code Section § 49.045 DWI with a Minor in the Car

Under Texas Penal Code Section § 49.045, a person commits the offense of DWI with a child passenger if they are intoxicated while operating a motor vehicle in a public place. The vehicle must also be occupied by a passenger who is younger than 15 years of age to be charged with a DWI with a child passenger. The law defines intoxication as having a blood or breath alcohol concentration of .08 percent or more, or not having the normal use of mental or physical faculties due to the consumption of alcohol or other altering substance.

You can be charged with the crime of DWI with a minor in the car even if you did not injure anyone during your operation of the vehicle, including the child in the car. If you are charged with a DWI with a Minor in the Car than you may also subsequently be charged with Child Endangerment. It does not matter if the child was injured.

Under Texas Penal Code Section 22.041(c), child endangerment is considered an offense if an individual intentionally, knowingly, recklessly, or with criminal negligence, or by act or omission, engages in behavior that puts a minor younger than 15 years of age in danger of death, bodily injury, or physical or mental impairment. The important phrase with regards to DWI offenses is the “criminal negligence” portion of that statute.

If the Texas Department of Family Services (TDFS), aka child services. becomes involved, your child can be removed from your custody. A TDFS investigation is separate from the criminal process.