Transportation 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 two or more prior intoxication-related convictions (DWI 3rd or more) is what level of offense?
- Class A misdemeanor
- State jail felony
- 3rd degree felony Correct
- 2nd degree felony
Why: DWI with two or more priors (DWI/BWI/FWI/intox assault/intox manslaughter) is a 3rd degree felony (2–10 years TDCJ; up to $10,000 fine).
Statute: Tex. Penal Code §49.09(b)
Worked example 2
A driver convicted of two prior DWI 2nds and now arrested for a third DWI is exposed to what classification?
- Class A misdemeanor
- DWI 3rd or more — 3rd degree felony (2–10 years TDCJ; up to $10,000 fine); habitual offender enhancements may apply with prior felonies Correct
- DWLI
- PI
Why: DWI with two or more priors is a 3rd degree felony. Habitual offender enhancements (Penal Code §12.42) can elevate further depending on the defendant's felony record.
Statute: Tex. Penal Code §49.09(b)