Texas Penal Code 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.
Texas Penal Code Sec. 49.01. DEFINITIONS. In this chapter:
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(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.
Texas Penal Code 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.
Texas Penal Code 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, …
(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, …
First-Time DWI in Texas: What Penalties Should You Expect?
A first-time DWI in Texas can have serious consequences, impacting your driving privileges, freedom, and future. Texas DWI laws are strict, and understanding the potential penalties is crucial for anyone facing a DWI charge. When you are legally intoxicated, defined as having a blood alcohol concentration (BAC) of 0.08 or more, you may face severe penalties under Texas law.
Under the Texas Penal Code, a first DWI offense is typically classified as a Class B misdemeanor. This can result in a jail sentence of up to 180 days, a fine of up to $2,000, and a driver's license suspension ranging from 90 days to one year. Additional penalties may include community service, participation in a DWI education program, and the installation of an ignition interlock device.
Administrative penalties, enforced by the Texas Department of Public Safety, may also apply. Following a DWI arrest, your driver's license could be immediately suspended under the Administrative License Revocation (ALR) program if you fail or refuse a BAC test. This suspension is separate from any criminal penalties and can last up to 180 days.
In some cases, a DWI conviction can lead to enhanced penalties. For instance, if your BAC is 0.15 or higher, the offense may be elevated to a Class A misdemeanor, increasing the potential fines and jail time. Additionally, if there was a child passenger in the vehicle at the time of the DWI offense, you could face a state jail felony, which carries more severe consequences, including longer jail time and higher fines.
It's important to understand that a first DWI in Texas is not just a minor traffic violation. The implications of a DWI conviction can be long-lasting, affecting your criminal record, insurance rates, and even employment opportunities. Consulting with an experienced DWI attorney is crucial to navigate the complex legal landscape and protect your rights.
