Driving While Intoxicated
In Texas, as true throughout the United States, it is against the law to drive your car under the influence of alcohol or any other intoxicant. The first time offender is facing a Class B misdemeanor. While this doesn't sound severe, it carries a number of ancillary penalties and conditions that make it much more serious than the average Class B misdemeanor. A second offense is considered a Class A misdemeanor, and third offense is a felony. A person faces the loss of their driving privileges and faces other financial penalties.
Texas Penal Code
Texas Penal Code Sec. 49.04 states that:
(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) and (d) 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 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.
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