Devyn Lamar Upton

Booking #2608955 · March 30, 2026 Travis County

Record updated April 03, 2026 at 04:27 AM

Charge

Driving While Intoxicated 2 Nd

Offense Level

Misdemeanor, Class A

Age at Arrest

Offense #

NONE

Facility

Travis County Correctional Complex

Arresting Agency

Travis County Sheriffs Office

Court

167

Devyn Lamar Upton was arrested on March 30, 2026 in Travis County, Texas by the Travis County Sheriffs Office and charged with Driving While Intoxicated 2 Nd (Misdemeanor, Class A). Devyn Lamar was booked at Travis County Correctional Complex.

⚠️ An arrest is not a conviction. Devyn Lamar is presumed innocent unless and until proven guilty in a court of law. This record is sourced directly from Travis County official public booking data and may not reflect subsequent legal proceedings or outcomes, including dismissals, acquittals, or expungements.

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⚖️ About This Charge

Offense

Driving While Intoxicated

Texas Statute

Texas Penal Code § 49.04 ↗

Classification

Class A Misdemeanor

Max Penalty

Up to 1 year in jail + $4,000 fine

Driving While Intoxicated (DWI) under Texas Penal Code § 49.04 means operating a motor vehicle in a public place while intoxicated — defined as having a blood-alcohol concentration (BAC) of 0.08 or higher, or lacking normal use of mental or physical faculties due to alcohol or drugs. A first-offense DWI is a Class B Misdemeanor carrying up to 180 days in jail, a fine up to $2,000, and mandatory license suspension. A second offense elevates to a Class A Misdemeanor (up to 1 year jail, $4,000 fine), and a third offense becomes a third-degree felony (2–10 years prison, $10,000 fine). If a child under 15 is in the vehicle, the charge becomes a State Jail Felony or higher. Additional surcharges, ignition interlock requirements, and DPS license suspension typically apply regardless of conviction.

⚡ Potential Penalty Enhancements

If this condition applies…	Charge escalates to	Statute
BAC ≥ 0.15 (1st offense)	Class A Misdemeanor — up to 1 yr jail, $4,000 fine	§ 49.04(d)
2nd DWI conviction	Class A Misdemeanor — up to 1 yr jail, $4,000 fine	§ 49.09(a)
3rd or more DWI conviction	Third-Degree Felony — 2–10 yrs prison, $10,000 fine	§ 49.09(b)
Child passenger under 15 in vehicle	State Jail Felony — 180 days–2 yrs, $10,000 fine	§ 49.045
Open alcohol container in vehicle (1st offense)	Minimum 6-day jail sentence added to sentence	§ 49.04(c)
DWI causing bodily injury (Intoxication Assault)	Third-Degree Felony — 2–10 yrs prison	§ 49.07
DWI causing death (Intoxication Manslaughter)	Second-Degree Felony — 2–20 yrs prison	§ 49.08

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Important: An arrest is not a conviction. Devyn Lamar Upton is presumed innocent unless and until proven guilty in a court of law. This record is sourced from official Travis County public booking data and may not reflect subsequent legal outcomes.