DWI Penalties

§ 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)  Except as provided by Subsection (c) and Section 49.09,
an offense under this section 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 six days.
 
§ 49.045. DRIVING WHILE INTOXICATED WITH CHILD
PASSENGER. 
(a) A person commits an offense if:

(1)  the person is intoxicated while operating a motor
vehicle in a public place;  and

(2)  the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.

(b)  An offense under this section is a state jail felony.                    

§ 49.05. FLYING WHILE INTOXICATED. 
(a) A person commits an offense if the person is intoxicated while operating an aircraft.

(b)  Except as provided by Section 49.09, an offense under
this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

§ 49.06. BOATING WHILE INTOXICATED. 
(a) A person commits an offense if the person is intoxicated while operating a watercraft.

(b)  Except as provided by Section 49.09, an offense under
this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

§ 49.07. INTOXICATION ASSAULT.  
(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 that 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.

(b)  In this section, "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.

(c)  An offense under this section is a felony of the third
degree.         

§ 49.08. INTOXICATION MANSLAUGHTER. 
(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 felony of the second
degree.        

First Offense

	up to $2000.00 fine
	72 hours to 180 days in jail
	driver's license suspension: 90 days to 1 year
	surcharge of $1000.00 per year, for next three years

Second Offense

	up to $4000.00 fine
	30 days to 1 year in jail
	driver's license suspension: 180 days to 2 years
	surcharge of $1000.00 per year, for next three years

Third Offense

	up to $10,000.00 fine
	2 to 10 years penitentiary
	driver's license suspension: 180 days to 2 years

Underage Drinking
If you are under 21, here's what happens the first time you are found in possession of alcohol. Any amount of alcohol will trigger the penalties. Texas is a Zero Tolerance state. It means "zero" alcohol.

	30 day driver's license suspension
	up to a $500.00 fine
	8 - 12 hours of community service
	mandatory attendance at alcohol awareness classes

A second or third offense can lead to suspension of your driver's license for 90 to 180 days. If you are 17 or older, you can also be fined as much as $2000.00 and go to jail for up to 180 days for a third offense.

If you are under 21, here's what happens the first time you are stopped for drinking and driving.

	60 day driver's license suspension
	up to $500.00 fine
	20 to 40 hours of community service
	mandatory attendance at an alcohol awareness class

Get caught drinking a second or third time, and the penalties increase, including suspension of your driver's license for up to 180 days. That's called zero tolerance.

Contact us about your legal matter today!