April 25, 2008
Texas Driving While Intoxicated (Texas DWI)
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 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.
Table of contents for DWI Texas Law
- Definitions for Texas DWI Law
- Texas Public Intoxication Law
- Texas Open Container Law
- Texas Driving While Intoxicated (Texas DWI)
- Texas Driving While Intoxicated (Texas DWI) with Child Passenger
- Flying While Intoxicated
- Boating While Intoxicated
- Assembling or Operating Amusement Ride While Intoxicated
- Intoxication Assault
- Intoxication Manslaughter in Texas
- Enhanced Offenses and Penalties for a Texas DWI
- Legal Use of Drug or Alcohol No Defense to DWI in Texas
- Proof of Mental State (Intent) Not Necessary for DWI Conviction in Texas
- Intoxication Assault and Intoxication Manslaughter Don't Apply to Unborn Child if Committed by Mother
Filed under Austin DWI, Blog, DWI Law, Texas DWI by Tracy Robinson
Comments on Texas Driving While Intoxicated (Texas DWI) »
I lived in Texas for a short while and I never could get over the lack of an open container law. Every time I visited it still freaked me out. Is it still the same?
Phil
MY QUESTION IS THAT MY HUSBANDS FRIEND THAT IS ONLY 15YRS GOT STOPPED HE COULDNT REACHED HIS MOM SO HE CALLED MY HUSBAND SO HE WENT YES HE HAD A COUPLE OF BEERS IN THE AFTERNOON THIS INCIDENT HAPPEN LATE AROUND 1 OR 2 IN THE MORNING BUT I KNEW HE WAS OKAY TO OPERATE A VEHICLE SO HE WENT AND THE OFFICER SAID HE SMELLD LIKE ALCOHOL HE DID TELL HIM HE DID HAD A COUPLE BUT THAT WAS IN THE AFTERNOON AND IVE EATEN LUNCH AND DINNER ALREADY SO HE WAS ASKED TO BLOW AND MY HUSBAND REFUSE AND HE DID ALL THE TEST AND HE PASSED THEM BUT THE OFFICER STILL CHARGED HIM WITH DRIVING WHILE INTOXICATION WHICH I THINK HE DISLIKED HISPANICS ANYWAYS I DO UNDERSTAND IF HE WAS CHARGED WITH A P I BT NOT A DWI DO OU THINK WE CAN FIGHT THIS…..
@ADAZILA LOPEZ: You REALLY need to talk to a DWI lawyer- look in your local yellow pages for one. Don't leave this to chance.