Texas DWI Laws-Chapter 49 of the Texas Penal Code
Driving While Intoxicated
Section §49.04 of the Texas Penal Code states that a person commits the offense of DWI if that person:
- Operates a motor vehicle,
- In a public place,
- While intoxicated.
A first DWI offense is a Class B misdemeanor, with a minimum term of confinement of 72 hours (the minimum term of confinement is 6 days if the person had an open container of alcohol in the person's immediate possession) and a maximum term of confinement of 180 days in the county jail.
DWI-2nd Offense
When a person has previously been convicted of an intoxicated offense and is accused of a second DWI, it is a Class A misdemeanor with a minimum term of confinement of 30 days and a maximum term of confinement of 1 year in the county jail.
DWI-3rd Offense
If a person has 2 previous convictions of an intoxication offense and is accused of DWI, it is a third degree felony with a minimum term of confinement of 2 years and a maximum term of confinement of 10 years in the Texas Department of Criminal Justice Institutional Division.
DWI with a Child Passenger
Driving While Intoxicated with a child under the age of 15 is a state jail felony, punishable by a term of confinement in the State Jail of not less than 180 days and not more than 2 years.
Intoxication Assault
A person, while operating a motor vehicle in a public place intoxicated, and, who by accident or mistake, causes serious bodily injury to another by reason of intoxication is guilty of Intoxication Assault. Intoxication Assault is a third degree felony punishable by a minimum term of confinement of 2 years and a maximum term of confinement of 10 years in the Texas Department of Criminal Justice Institutional Division.
If the injury is caused to a peace officer, firefighter, or emergency services personnel, while in actual discharge of an official duty, the offense is a 2nd degree felony punishable by a minimum term of confinement of 2 years and a maximum term of confinement of 20 years in the Texas Department of Criminal Justice Institutional Division.
Intoxication Manslaughter
A person, while operating a motor vehicle in a public place intoxicated, and, who by accident or mistake, causes the death of another by reason of intoxication is guilty of Intoxication Manslaughter. Intoxication Manslaughter is a second degree felony punishable by a minimum term of confinement of 2 years and a maximum term of confinement of 20 years in the Texas Department of Criminal Justice Institutional Division.
If the death caused is that of a peace officer, firefighter, or emergency services personnel, while in actual discharge of an official duty, the offense is a 1st degree felony punishable by a minimum term of confinement of 5 years and a maximum term of confinement of 99 years or life in the Texas Department of Criminal Justice Institutional Division.
