Texas Laws: Penal Code

Chapter 49  Intoxication and Alcoholic Beverage Offenses

Texas Laws > Penal Code > Chapter 49 > Section 49.04

Section 49.04.  Driving While Intoxicated

§ 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.

Added by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 
1994.  Amended by Acts 1995, 74th Leg., ch. 76, § 14.55, eff. 
Sept. 1, 1995.

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