Driving While Intoxicated/Open Alch Container

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.