Imagine driving home after dinner with friends, seeing police lights in your rearview mirror, and suddenly facing a decision that could impact the rest of your life. For many Tarrant County residents each year, this scenario becomes a stark reality when they’re pulled over on suspicion of driving while intoxicated (DWI).

In this guide, you’ll learn exactly what Texas law says about DWI offenses, including the specific blood alcohol limits, various types of charges you might face, and the potential penalties for each.

Basic DWI Definitions in the Texas Penal Code

Before diving into specific offenses and penalties, you need to understand how Texas law defines and measures intoxication. Texas Penal Code Section 49.01 provides precise definitions that form the foundation of every DWI case in the state.

The law recognizes two distinct ways to be legally intoxicated:

1. Loss of Normal Faculties: When you no longer have the normal use of your mental or physical abilities due to alcohol, drugs, or other substances
2. Blood Alcohol Concentration: Having a BAC of 0.08 or higher, regardless of whether you appear impaired

Here are the measurement standards:

• Breath: 210 liters
• Blood: 100 milliliters
• Urine: 67 milliliters

Types of DWI Offenses in Texas

The Texas Penal Code outlines several categories of intoxication offenses, each carrying its own set of consequences.

Standard DWI

Operating a motor vehicle in a public place while intoxicated represents the most common type of DWI offense. This charge applies when an officer determines you’re driving with impaired faculties or a BAC at or above 0.08. Even for first-time offenders, this charge carries serious consequences.

DWI with Enhanced Penalties

Certain factors can increase the severity of a standard DWI charge. Having an open container of alcohol in your vehicle while driving intoxicated results in increased minimum jail time. Similarly, if testing shows your BAC was 0.15 or higher, you’ll face more serious charges and penalties.

DWI with Child Passenger

Perhaps the most serious category involves driving while intoxicated with a child under 15 years old in the vehicle. Texas takes an especially harsh stance on this offense, elevating it to a felony charge with potential prison time, regardless of whether it’s your first DWI offense.

Texas DWI Classifications and Penalties

The consequences of a DWI conviction in Texas depend heavily on the specific circumstances of your case.

A basic DWI starts as a Class B misdemeanor, requiring a minimum of 72 hours in jail. However, having an open container of alcohol in your immediate possession increases this minimum to six days. If chemical testing shows your blood alcohol concentration was 0.15 or higher, the charge becomes a Class A misdemeanor with enhanced penalties.

The presence of a child passenger under 15 years old elevates the offense to a state jail felony, regardless of your previous record. This classification brings significantly harsher penalties, including possible prison time and substantial fines.

Additionally, any DWI conviction can result in driver’s license suspension, mandatory alcohol education programs, and installation of an ignition interlock device in your vehicle.

Texas Open Container Laws

Beyond standard DWI offenses, Texas law includes specific provisions about having alcohol in your vehicle. Even if you’re not intoxicated, having an open container of alcohol in your car can result in legal trouble. The Texas Penal Code lays out detailed regulations about what constitutes a violation.

What Counts as an Open Container

The law defines an open container as any bottle, can, or other receptacle containing alcohol that has been opened, has a broken seal, or is partially empty. This includes empty containers that previously held alcohol.

Where Open Containers Are Prohibited

Texas law prohibits open containers in the passenger area of any motor vehicle on a public highway. This applies whether the vehicle is moving, stopped, or parked. The passenger area includes any space designed for occupants to sit, but excludes locked glove compartments, the trunk, or the area behind the last upright seat in vehicles without trunks.

Legal Exceptions

Some specific situations are exempt from open container laws. These include passengers in commercial transportation vehicles like buses, taxis, or limousines, and people in the living quarters of motorized homes or RVs.

Protect Your Rights: Contact a Fort Worth DWI Lawyer

Successfully handling a DWI case requires understanding both your rights and your responsibilities under Texas law.

Don’t let a DWI charge derail your future. An experienced Fort Worth DWI lawyer understands Tarrant County courts and know how to protect your rights. Contact us today for a free, confidential consultation about your case. Our team is available to help you understand your options and start building your defense.