Drunk Driving Violation

Penal Code 49.04 Driving While Intoxicated

Elements:

1. Person 2. Intoxicated  3. Operating Motor Vehicle  4. Public Place

Punishment:

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.