The Carroll Law Firm

General Punishment Ranges for Offenses As Contained in the Texas Penal Code

Misdemeanor Punishment Ranges

If you have had prior convictions, the state can "enhance" or increase these penalties.

Felony Punishment Ranges

If you have had prior convictions, the state can "enhance" or increase these penalties.

Driving While Intoxicated

Under section 49.04 of the Texas Penal Code, a person commits an offense if the person in intoxicated while operating a motor vehicle in a public place. The offense is a Class B Misdemeanor. See the punishment charts contained on this site to give yourself an idea of the range of punishment.

The law mandates that if found guilty you must sit in jail for at least 72 hours unless you had an open container in the car in which case that increased to six days.

Under Texas Case law, "there is a 'loss of faculties' offense. This 'loss of faculties' offense may be established by proving the defendant drove or operated a motor vehicle in a public place while not having the normal use of his mental {or} physical faculties, because of the introduction into his body of (1) alcohol; (2) a controlled substance; (3) a drug; or (4) a combination of two or more of those substances. Second there is a per se offense may be established by proving the defendant drove or operated a motor vehicle in a public place while having an alcohol concentration of 0.10 [now 0.08] or more in his blood, breath, or urine." State v. Carter, 810 S.W.2d 197, 200 (Tex.Crim. App.2000).

Typical Procedures At the Time You Are Stopped

When you are arrested the police officer will typically give you a series of field sobriety tests to determine if you are intoxicated or don't have the normal use of your faculties. Typically these are taped, and you are then taken into a local office to run another series of tests that is also filmed. You will also be requested to take a breathalyzer test. If you refuse to take a breathalyzer test your driver's license will be at least temporarily suspended and there is a presumption against you at the time of trial. However, if you walk around normally and seem normal, juries frequently will disregard your refusal to take such a test at final trial. However, if you fail the breathalyzer you will have a much more difficult time proving to a jury that you were not drunk at the time of the arrest.

Having an alcohol concentration of 0.08 or more is considered considered legally intoxicated. The percentage that is determined by the police will be effected by when you ate and drank, how long it took them to get you to the police station and the manner in which the test is given. We do not recommend taking this test unless you already know you are drunk or are completely certain that you are not. It is such a small concentration that even one drink, in certain situations can make it appear that you are legally intoxicated. In addition, your test can be effected by whether you are taking various cough or cold medicines because they may have alcohol in them.

DWI/DUI Penalty Enhancement

If you have a child in the car with you at the time of the arrest who is under 15 years of age the offense changes from a Class B Misdemeanor to a State Jail Felony. So if you are going to drink, don't take your children with you.

The penalties for driving while intoxicated also increase if you have prior convictions for that offense and they increase dramatically.