Penal Code 49.04 Driving While Intoxicated
1. Person 2. Intoxicated 3. Operating Motor Vehicle 4. Public Place
Motor vehicle intoxication offenses carry with them a minimum term of confinement. A violation for a first DWI requires a minimum term of confinement of 72 hours. If you have a open container in your immediate possession then the minimum term of confinement is six days per §49.04 (c).
Class B misdemeanor :
The Texas Penal Code sets out punishment ranges for misdemeanors in Chapter 12. §12.22 outlines the punishment range for Class B misdemeanors as confinement for up to 180 days in county jail and a maximum fine of $2,000. As previously discussed in the section above though, the Texas Legislature has required minimum terms of confinement for Class B misdemeanors under §49.04. There are various ways to enhance §49.04 offenses.