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:
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.
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.
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.
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:
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:
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.
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.
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