Understanding Texas Law Relating To DWI

Listed below are some relevant Texas laws relating to drunk driving:

Sec. 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.

Sec. 49.045. DRIVING WHILE INTOXICATED WITH CHILD PASSENGER.

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.

An offense under this section is a state jail felony.

Minimum Term Of Confinement (Jail Time)

Certainly one of the first things you will notice about these laws is that they have a minimum term of confinement. When you're convicted under the typical driving while intoxicated law, this minimum term is 72 hours, but may obviously be much longer. You will also discover that if you are in immediate possession of an open container of alcohol, this minimum term of confinement goes up to 6 days. Either way, conviction for driving while intoxicated under this section is likely to result in a bit of time in jail.

That is why it is so essential to go over your options with a local DWI law firm, so that you can maximize your odds of obtaining the best possible result.

DWI With A Child Passenger

It is also important to note, that under Texas DWI law, if you are convicted of operating a car in a public place while intoxicated with a passenger under 15 years old, it will be a felony. Having a felony on your criminal record can have a significant impact on several areas of your personal and professional life. Once more, if you are facing charges under these Texas DWI laws, you really must talk to an experienced Texas DWI legal professional about your options.