Driving While Intoxicated — Tex. Penal Code §49.04

Class B → F3§49.04Free preview

Driving While Intoxicated (Tex. Penal Code §49.04): Class B misdemeanor (1st offense). Class B misdemeanor — 72 hours to 180 days county jail + up to $2,000 fine (§12.22).

Statute: Tex. Penal Code §49.04
Classification: Class B misdemeanor (1st offense)
Grade range: Class B misdemeanor to Third-degree felony
Last checked: November 1, 2026

Elements of the Offense

MicroPenal's summary of what the State must prove. Prove each numbered element; where alternatives are listed, any one of them is enough. Wording may be condensed. The official statute text controls.

A person
Operates a motor vehicle
In a public place
While intoxicated — loss of normal use of mental or physical faculties due to alcohol, a drug, or a combination, OR alcohol concentration of 0.08 or more

Statutory Language

The verbatim text of Tex. Penal Code §49.04 is published on the official Texas statutes website. MicroPenal does not reproduce it here; the statute controls over this summary.Read the statute

Punishment

Class B misdemeanor — 72 hours to 180 days county jail + up to $2,000 fine (§12.22).

Enhancements

Each enhancement applies only if its conditions are proven.

Condition	Raises the offense to	Statute
Alcohol concentration 0.15 or more at time of analysis	Class A misdemeanor	§49.04(d)
Open container in operator's immediate possession	Class B with 6-day jail minimum	§49.04(c)
Operating the motor vehicle in a school crossing zone during the time the reduced speed limit applies to the zone (zone defined by Transp. Code §541.302)	State jail felony	§49.04(e)
One prior intoxication-related conviction (DWI 2nd)	Class A misdemeanor	§49.09(a)
Two or more prior intoxication-related convictions (DWI 3rd)	3rd degree felony	§49.09(b)
Child passenger under 15 in the vehicle	State jail felony	§49.045

Statutory definitions

Intoxicated: (A) not having the normal use of mental or physical faculties by reason of alcohol, a drug, a controlled substance, or a combination; or (B) an alcohol concentration of 0.08 or more. §49.01(2)
Public place: Any place to which the public or a substantial group of the public has access — streets, highways, common areas of schools, hospitals, apartment houses, offices, and businesses. §1.07(a)(40)

Source and verification

Official text: Tex. Penal Code §49.04 on the Texas statutes website (statutes.capitol.texas.gov).
Last checked against the official statute text on November 1, 2026.
Published by MicroPenal from reference data release 2026-11-02. The elements and punishment above are MicroPenal's summary, not the statute itself.
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