Penal Code · §49.09

Enhanced Intoxication Offenses and Penalties

Enhanced Intoxication Offenses and Penalties (§49.09): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • DWI committed
  • Plus one prior intoxicated-operation conviction (e.g., DWI, BWI, FWI)
  • One prior intoxication manslaughter instead: third-degree felony (§49.09(b)(1))

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Worked examples

Worked example 1

DWI by a person with one prior DWI conviction ('DWI 2nd') is what level of offense?

  1. Class B misdemeanor
  2. Class A misdemeanor Correct
  3. State jail felony
  4. 3rd degree felony
Why: §49.09(a): DWI with one prior conviction for an offense relating to operating a motor vehicle while intoxicated is a Class A misdemeanor with a minimum term of confinement of 30 days. Exception (§49.09(b)(1)): one prior intoxication manslaughter conviction makes the new offense a third-degree felony.
Statute: Tex. Penal Code §49.09(a)