Tex. Penal Code § 49.04 · Chapter 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES
DRIVING WHILE INTOXICATED.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 Subsections (c), (d), and (e) 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.
(d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.
(e) If it is shown on the trial of an offense under this section that at the time of the offense the person was operating the motor vehicle in a school crossing zone during the time the reduced speed limit applies to the zone, the offense is a state jail felony. In this subsection, "school crossing zone" has the meaning assigned by Section 541.302, Transportation Code.
Notes and commentary — not statutory text
History
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.55, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 960 (H.B. 1199), Sec. 2, eff. September 1, 2011.
Acts 2025, 89th Leg., R.S., Ch. 991 (S.B. 826), Sec. 1, eff. September 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm
- Text hash
- sha256 2bff0b3acd59b16e0beeb9809440aa4db17d6f07a275f39f55d8f2cfac04aa15
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 57 provisions
Provisions in this library whose text cites Tex. Penal Code § 49.04; the first 50 in book order. Each shows the citation as that text prints it.
Alcoholic Beverage Code
Civil Practice and Remedies Code
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 2A.002SPECIAL INVESTIGATORS.Printed as Section 49.02, 49.04, 49.07, or 49.08, Penal Code
- Tex. Code Crim. Proc. art. 2B.0154VIDEO RECORDINGS OF ARRESTS FOR INTOXICATION OFFENSES.Printed as Section 49.04, 49.045, 49.07, or 49.08, Penal Code
- Tex. Code Crim. Proc. art. 16.23DIVERSION OF PERSONS SUFFERING MENTAL HEALTH CRISIS OR SUBSTANCE ABUSE ISSUE.Printed as Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08, Penal Code
- Tex. Code Crim. Proc. art. 17.441CONDITIONS REQUIRING MOTOR VEHICLE IGNITION INTERLOCK.Printed as Section 49.04, 49.05, 49.06, or 49.061, Penal Code
- Tex. Code Crim. Proc. art. 18.01SEARCH WARRANT.Printed as Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08, Penal Code
- Tex. Code Crim. Proc. art. 18.067EXECUTION OF WARRANT FOR BLOOD SPECIMEN IN INTOXICATION OFFENSE.Printed as Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08, Penal Code
- Tex. Code Crim. Proc. art. 42.036COMMUNITY SERVICE.Printed as Sections 49.04-49.08, Penal Code
- Tex. Code Crim. Proc. art. 42A.102ELIGIBILITY FOR DEFERRED ADJUDICATION COMMUNITY SUPERVISION.Printed as Section 49.04 or 49.06, Penal Code
- Tex. Code Crim. Proc. art. 42A.257EVALUATION FOR PURPOSES OF ALCOHOL OR DRUG REHABILITATION.Printed as Section 49.04, Penal Code
- Tex. Code Crim. Proc. art. 42A.402DRUG OR ALCOHOL DEPENDENCE EVALUATION AND REHABILITATION.Printed as Sections 49.04-49.08, Penal Code
- Tex. Code Crim. Proc. art. 42A.403EDUCATIONAL PROGRAM FOR CERTAIN INTOXICATION OFFENSES; WAIVER OR EXTENSION OF TIME.Printed as Sections 49.04-49.08, Penal Code
- Tex. Code Crim. Proc. art. 42A.407SUSPENSION OF DRIVER'S LICENSE.Printed as Section 49.04, Penal Code | Sections 49.04-49.08, Penal Code
- Tex. Code Crim. Proc. art. 42A.408USE OF IGNITION INTERLOCK DEVICE.Printed as Section 49.04 or 49.06, Penal Code | Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.07, or 49.08, Penal Code | Sections 49.04-49.061, Penal Code | Sections 49.04-49.08, Penal Code
- Tex. Code Crim. Proc. art. 42A.701REDUCTION OR TERMINATION OF COMMUNITY SUPERVISION PERIOD.Printed as Sections 49.04-49.08, Penal Code
- Tex. Code Crim. Proc. art. 102.018REIMBURSEMENT FEES AND EXPENSES ATTENDANT TO INTOXICATION CONVICTIONS.Printed as Section 49.04(b), Penal Code | Section 49.04, Penal Code
Family Code
- Tex. Fam. Code § 51.03DELINQUENT CONDUCT; CONDUCT INDICATING A NEED FOR SUPERVISION.Printed as Section 49.04, 49.05, 49.06, 49.07, or 49.08, Penal Code
- Tex. Fam. Code § 53.03DEFERRED PROSECUTION.Printed as Section 49.04, 49.05, 49.06, 49.07, or 49.08, Penal Code
- Tex. Fam. Code § 54.042LICENSE SUSPENSION.Printed as Section 49.04, 49.07, or 49.08, Penal Code
Government Code
- Tex. Gov't Code § 82.030BOARD ASSESSMENT OF MORAL CHARACTER AND FITNESS.Printed as Section 49.04, Penal Code
- Tex. Gov't Code § 82.038PROBATIONARY LICENSE FOR APPLICANT SUFFERING FROM CHEMICAL DEPENDENCY.Printed as Section 49.04, Penal Code
- Tex. Gov't Code § 123.009OCCUPATIONAL DRIVER'S LICENSE.Printed as Section 49.04, 49.07, or 49.08, Penal Code
- Tex. Gov't Code § 411.072PROCEDURE FOR DEFERRED ADJUDICATION COMMUNITY SUPERVISION; CERTAIN NONVIOLENT MISDEMEANORS.Printed as Section 49.04 or 49.06, Penal Code
- Tex. Gov't Code § 411.0725PROCEDURE FOR DEFERRED ADJUDICATION COMMUNITY SUPERVISION; FELONIES AND CERTAIN MISDEMEANORS.Printed as Section 49.04 or 49.06, Penal Code
- Tex. Gov't Code § 411.0726PROCEDURE FOR DEFERRED ADJUDICATION COMMUNITY SUPERVISION; CERTAIN DRIVING WHILE INTOXICATED AND BOATING WHILE INTOXICATED MISDEMEANORS.Printed as Section 49.04 or 49.06, Penal Code
- Tex. Gov't Code § 411.073PROCEDURE FOR COMMUNITY SUPERVISION FOLLOWING CONVICTION; CERTAIN MISDEMEANORS.Printed as Section 49.04, 49.05, 49.06, or 49.065, Penal Code
- Tex. Gov't Code § 411.0731PROCEDURE FOR COMMUNITY SUPERVISION FOLLOWING CONVICTION; CERTAIN DRIVING WHILE INTOXICATED CONVICTIONS.Printed as Section 49.04, Penal Code
- Tex. Gov't Code § 411.0735PROCEDURE FOR CONVICTION; CERTAIN MISDEMEANORS.Printed as Section 49.04, 49.05, 49.06, or 49.065, Penal Code
- Tex. Gov't Code § 411.0736PROCEDURE FOR CONVICTION; CERTAIN DRIVING WHILE INTOXICATED CONVICTIONS.Printed as Section 49.04, Penal Code
Penal Code
- Tex. Penal Code § 49.02PUBLIC INTOXICATION.Printed as Section 49.04
- Tex. Penal Code § 49.09ENHANCED OFFENSES AND PENALTIES.Printed as Section 49.04 or 49.045 | Section 49.04 or 49.06 | Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08 | Section 49.04, 49.045, 49.05, 49.06, 49.061, or 49.065 | Section 49.04, 49.05, 49.06, or 49.065
- Tex. Penal Code § 49.10NO DEFENSE.Printed as Section 49.031, 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08
Transportation Code
- Tex. Transp. Code § 521.004PENAL CODE REFERENCES.Printed as Section 49.04, Penal Code
- Tex. Transp. Code § 521.022RESTRICTIONS ON OPERATORS OF CERTAIN SCHOOL BUSES.Printed as Section 49.04, 49.045, 49.07, or 49.08, Penal Code
- Tex. Transp. Code § 521.202INELIGIBILITY FOR LICENSE BASED ON CERTAIN CONVICTIONS.Printed as Section 49.04, 49.07, or 49.08, Penal Code
- Tex. Transp. Code § 521.243NOTICE TO STATE; PRESENTATION OF EVIDENCE.Printed as Sections 49.04-49.08, Penal Code
- Tex. Transp. Code § 521.244DETERMINATION OF ESSENTIAL NEED; HEARING AND ORDER.Printed as Sections 49.04-49.08, Penal Code
- Tex. Transp. Code § 521.246IGNITION INTERLOCK DEVICE REQUIREMENT.Printed as Sections 49.04-49.08, Penal Code
- Tex. Transp. Code § 521.341REQUIREMENTS FOR AUTOMATIC LICENSE SUSPENSION.Printed as Section 49.04, 49.045, or 49.08, Penal Code
- Tex. Transp. Code § 521.342PERSON UNDER 21 YEARS OF AGE.Printed as Section 49.04, 49.045, 49.07, or 49.08, Penal Code | Section 49.04, 49.045, or 49.07, Penal Code
- Tex. Transp. Code § 521.344SUSPENSION FOR OFFENSES INVOLVING INTOXICATION.Printed as Section 49.04 or 49.045, Penal Code | Section 49.04, 49.045, 49.07, or 49.08, Penal Code | Section 49.04, 49.045, or 49.07, Penal Code
- Tex. Transp. Code § 521.371DEFINITIONS.Printed as Section 49.04, 49.07, or 49.08, Penal Code
- Tex. Transp. Code § 522.081DISQUALIFICATION.Printed as Section 49.04, 49.045, or 49.07, Penal Code
- Tex. Transp. Code § 524.011OFFICER'S DUTIES FOR DRIVER'S LICENSE SUSPENSION.Printed as Section 49.04, 49.045, 49.06, or 49.061, Penal Code
- Tex. Transp. Code § 524.015EFFECT OF DISPOSITION OF CRIMINAL CHARGE ON DRIVER'S LICENSE SUSPENSION.Printed as Section 49.04, 49.045, 49.06, 49.061, 49.07, or 49.08, Penal Code
- Tex. Transp. Code § 524.022PERIOD OF SUSPENSION.Printed as Section 49.04, 49.045, 49.06, or 49.061, Penal Code
- Tex. Transp. Code § 524.023APPLICATION OF SUSPENSION UNDER OTHER LAWS.Printed as Section 49.04, 49.045, 49.06, 49.061, 49.07, or 49.08, Penal Code
- Tex. Transp. Code § 524.042STAY OF SUSPENSION ON APPEAL.Printed as Section 49.04, 49.045, 49.06, or 49.061, Penal Code
- Tex. Transp. Code § 543.011PERSONS LICENSED BY STATE DEPARTMENT OR CLAIMING DIPLOMATIC OR CONSULAR IMMUNITY.Printed as Section 49.03 or 49.04, Penal Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.