DWI – defined by the 2011 Texas Penal Code

Texas Penal Code contains the criminal statute for DWI and similar offenses.  For any questions about these laws and how they apply to the facts of a particular case, contact criminal defense attorney Dax Garvin as soon as possible for a free consultation about those matters.  

Sec. 49.01.  DEFINITIONS. In this chapter of the Texas Penal Code:

(1)  "Alcohol concentration" means the number of grams of alcohol per:

(A)  210 liters of breath;

(B)  100 milliliters of blood; or

(C)  67 milliliters of urine.

(2)  "Intoxicated" means:

(A)  not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or

(B)  having an alcohol concentration of 0.08 or more.

(3)  "Motor vehicle" has the meaning assigned by Section 32.34(a).

 

Sec. 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 Subsections (c) and (d) and Section 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.

(d)  If it is shown on the trial of an offense under this section that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.

 

Sec. 49.045.  DRIVING WHILE INTOXICATED WITH CHILD PASSENGER

(a) A person commits an offense if:

(1)  the person is intoxicated while operating a motor vehicle in a public place; and

(2)  the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.

(b)  An offense under this section is a state jail felony.

 

Sec. 49.09.  ENHANCED OFFENSES AND PENALTIES. (a) Except as provided by Subsection (b), an offense under Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor, with a minimum term of confinement of 30 days, if it is shown on the trial of the offense that the person has previously been convicted one time of an offense relating to the operating of a motor vehicle while intoxicated, an offense of operating an aircraft while intoxicated, an offense of operating a watercraft while intoxicated, or an offense of operating or assembling an amusement ride while intoxicated.

(b)  An offense under Section 49.04, 49.05, 49.06, or 49.065 is a felony of the third degree if it is shown on the trial of the offense that the person has previously been convicted:

(1)  one time of an offense under Section 49.08 or an offense under the laws of another state if the offense contains elements that are substantially similar to the elements of an offense under Section 49.08; or

(2)  two times of any other offense relating to the operating of a motor vehicle while intoxicated, operating an aircraft while intoxicated, operating a watercraft while intoxicated, or operating or assembling an amusement ride while intoxicated.

(b-1)  An offense under Section 49.07 is a felony of the second degree if it is shown on the trial of the offense that the person caused serious bodily injury to a peace officer, a firefighter, or emergency medical services personnel while in the actual discharge of an official duty.

(b-2)  An offense under Section 49.08 is a felony of the first degree if it is shown on the trial of the offense that the person caused the death of a person described by Subsection (b-1).

(b-3)  For the purposes of Subsection (b-1):

(1)  "Emergency medical services personnel" has the meaning assigned by Section 773.003, Health and Safety Code.

(2)  "Firefighter" means:

(A)  an individual employed by this state or by a political or legal subdivision of this state who is subject to certification by the Texas Commission on Fire Protection; or

(B)  a member of an organized volunteer fire-fighting unit that:

(i)  renders fire-fighting services without remuneration; and

(ii)  conducts a minimum of two drills each month, each at least two hours long.