Driving While Intoxicated

From the Law Office of Alison Grinter in Dallas, Texas

Contents 1 Degree 2 Statute(s) 3 Caselaw 4 Collateral Consequences 5 Notes

Degree

DWI is a Class B Misdemeanor with a minimum term of confinement of 72 hours for the first offense. If, upon arrest, you have an open container of any alcoholic beverage within your immediate possession, the minimum term of confinement jumps to 6 days. On the second offense, i.e. if you have ever been convicted of DWI, Boating_While_Intoxicated, Flying_While_Intoxicated, or Assembling_or_Operating_an_Amusement_Ride_While_Intoxicated, DWI becomes a Class_A_Misdemeanor with a minimum term of confinement of 30 days.

If you have been convicted of TWO prior "intoxication offenses" involving cars, aircraft, watercraft, or amusement rides, or you have once been convicted of Intoxication_Manslaughter then DWI is a Third_Degree_Felony.

Statute(s)

§49.04. DRIVING WHILE INTOXICATED.

(a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

(b) Except as provided by Subsection (c) and Sec. 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.55, eff. Sept. 1, 1995.

Caselaw

Collateral Consequences

License Suspension

Ineligible for Deferred Adjudication

Surcharges
Adoption and Foster Care

Ignition Interlock 

Notes

The 2009 legislature gave police the power to force persons arrested for Chapter 49 offenses involving the operation of a motor vehicle to submit to warrantless blood draws if the person was

a.) an individual other than the person [driving] has suffered bodily injury and was transported to a hospital or other medical facility for medical treatment;
b.) the person is under arrest for DWI with a child passenger under 15;
c.) the officer has reliable information that the person has been previously convicted of DWI two or more times; or
d.) the officer has reliable information that the person has been previously convicted of DWI with a child passenger under 15, intoxication assault, or intoxication manslaughter.