Texas Penal Code § 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) An offense 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 6 days.
Texas Penal Code § 49.09
(a) If it is shown on the trial of the offense that the person has a previous conviction of DWI, this offense is a class A misdemeanor with a minimum term of confinement of 30 days.
Texas Penal Code § 49.09
(b) It is a third degree felony if it is shown on the trial that the person has previously been convicted:
Texas Penal Code § 49.07
(a) A person commits an offense if the person, by accident or mistake:
Texas Penal Code § Enhanced Offenses and Penalties for Driving While Intoxicated (DWI) Intoxicated Assault
Texas Penal Code § 49.09
(b-1) Intoxicated Assault is a felony of the second degree if it shown on the trial of the offense that the person caused serious bodily injury to a peace officer, a firefighter, or emergency medical service personnel while in the actual discharge of an official duty.
Texas Penal Code § 49.08
(a) A person commits an offense if the person:
Texas Penal Code § Enhanced Offenses and Penalties for Driving While Intoxicated (DWI) Intoxicated Manslaughter
Texas Penal Code § 49.09
(b-2) Intoxicated Manslaughter is a felony of the first degree if it is shown on the trial of the offense that the person caused the death of a peace officer, a firefighter, or emergency medical services personnel while in the actual discharge of an official duty.