Penal Code · §49.04
Driving While Intoxicated
Elements
- A person
- Is intoxicated (defined as: not having normal use of mental or physical faculties by reason of introduction of alcohol/controlled substance/drug/dangerous drug/their combination; OR having alcohol concentration of 0.08 or more)
- While operating a motor vehicle
- In a public place
Penalty
First offense (no priors): Class B misdemeanor with mandatory minimum 72-hour confinement (§49.04(b)) — up to 180 days county jail + up to $2,000 fine (§12.22). Class A misdemeanor if BAC was 0.15 or more — up to 1 year county jail + up to $4,000 fine (§12.21).
Enhancements
DWI 2nd offense (one prior): Class A misdemeanor with mandatory 30-day minimum (§49.09(a)). DWI 3rd or more: Third-degree felony — 2 to 10 years TDCJ + up to $10,000 fine (§12.34) (§49.09(b)). Penalties also enhanced if there is a prior intoxication manslaughter or intoxication assault. Driver's license suspension under Tex. Transp. Code ch. 524/724 in addition to criminal punishment. With child passenger under 15 — charge under §49.045 (state jail felony).