Driving While Intoxicated (DWI) Laws in Texas
Driving While Intoxicated (DWI) laws in the state of Texas are fairly simple. There are basically six different DWI offenses that commonly occur in Texas:
- Driving While Intoxicated (DWI) 1st Offense
- Driving While Intoxicated (DWI) 2nd Offense
- Driving While Intoxicated (DWI) 3rd or more
- Driving While Intoxicated (DWI) Intoxicated Assault
- Driving While Intoxicated (DWI) Manslaughter
- Boating While Intoxicated (DWI)
The legal definition of each of these is found in the Texas Penal Code. There are various factors that can increase the punishment range of each offense.
DWI First Offense (Class B Misdemeanor)
This is the most common DWI situation. A DWI first offense usually involves an individual being stopped by a police officer and arrested for Driving While Intoxicated (DWI). This situation does not involve anyone being injured or killed as a result of the DWI incident. This is the first time an individual has been arrested for DWI and it is usually their last.
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.
DWI Second Offense (Class A Misdemeanor)
This is a situation that does not involve anybody being seriously injured or killed. The individual is usually stopped by a police officer and arrested for DWI. The person has been convicted of a previous DWI.
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.
DWI Third Offense (3rd Degree Felony)
This is a situation that does not involve anybody being seriously injured or killed. The individual is usually stopped by a police officer and arrested for DWI. The person has been convicted of DWI two or more times. If convicted of the offense, the courts will usually consider the individual to have an alcohol issue and will require alcohol treatment.
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:
- (1) One time for the offense of Intoxicated Manslaughter in Texas or an offense under the laws of another state if the offense contains elements that are substantially similar to the elements of Intoxicated Manslaughter.
- (2) Two times of any other offense relating to the operating of a motor vehicle while intoxicated, operating an aircraft while intoxicated, operating a watercraft while intoxicated, or operating or assembling an amusement ride while intoxicated.
DWI Intoxicated Assault (3rd Degree Felony)
This offense can occur even if it is the person’s first time arrested for Driving While Intoxicated (DWI). The courts, the District Attorney, and the community deem this criminal offense very serious. A conviction will most likely result in a term of confinement in prison.
Texas Penal Code § 49.07
(a) A person commits an offense if the person, by accident or mistake:
- (1) While operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of intoxication causes “serious bodily injury” to another; OR
- (2) As a result of assembling a mobile amusement ride while intoxicated causes “serious bodily injury” to another.
- (a) “Serious bodily injury” means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
- (b) An offense under this section is a third degree felony.
Texas Penal Code § Enhanced Offenses and Penalties for Driving While Intoxicated (DWI) Intoxicated Assault
This criminal DWI offense can occur even if it is the person’s first time arrested for Driving While Intoxicated (DWI). The courts, the District Attorney, and the community consider this the most serious DWI offense.
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.
DWI Intoxicated Manslaughter (2nd Degree Felony)
Texas Penal Code § 49.08
(a) A person commits an offense if the person:
- (1) Operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; AND
- (2) Is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.
- (b) An offense under this section is a second degree felony.
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.
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