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Driving While Intoxicated

Chapter 49 of the Texas Penal Code defines intoxication and alcoholic beverage related offenses.

“Driving While Intoxicated”, as per § 49.04 of the Texas Penal Code, occurs when a person is intoxicated while operating a motor vehicle in a public place.

An offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

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.

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.

Punishment Range

Misdemeanor B

  • Confinement in jail for a term not to exceed 180 days
  • Fine not to exceed $2,000
  • Both such fine and confinement

Misdemeanor A

  • Confinement in jail for a term not to exceed one year
  • Fine not to exceed $4,000
  • Both such fine and confinement

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