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Your Texas DWI Lawyer wants you to be well informed. We are providing the Texas Code (excerpts of the actual Texas DWI law) to keep you abreast of the latest new DWI laws in the State of Texas.

Note: These excerpts are for informational purposes only. Please consult your Texas DWI Lawyer for legal advice if you are facing issues with the DWI (also known as DUI) law in Texas.

§ 49.04. DRIVING[0] WHILE[0] INTOXICATED[0].

(a) A person commits an offense if the person is intoxicated[0] while[0] operating a motor vehicle in a public place.

(b) Except as provided by Subsection (c) and § 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.

Added by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
Amended by Acts 1995, 74th Leg., ch. 76, § 14.55, eff. Sept. 1, 1995.

§ 49.045. DRIVING[0] WHILE[0] INTOXICATED[0] WITH CHILD PASSENGER.

(a) A person commits an offense if:

(1) the person is intoxicated[0] while[0] 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.

Added by Acts 2003, 78th Leg., ch. 787, § 1, eff. Sept. 1, 2003.

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