Driving While Intoxicated

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⚖️ Texas Law — Charge Details

Up to 180 days jail + $2,000 fine (1st offense)

Offense Driving While Intoxicated

Statute Texas Penal Code § 49.04

Penalty Level Class B Misdemeanor (1st offense)

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). 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
DWI causing bodily injury	Third-Degree Felony (Intoxication Assault) — 2–10 yrs	§ 49.07
DWI causing death	Second-Degree Felony (Intoxication Manslaughter) — 2–20 yrs	§ 49.08

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Driving While Intoxicated

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