Texas § PE.49.04 - DRIVING WHILE INTOXICATED
Full text of Texas The Texas Constitution § PE.49.04 — DRIVING WHILE INTOXICATED, with citation guidance and answers to common questions.
§ PE.49.04. DRIVING WHILE INTOXICATED
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 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. 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.
Frequently Asked Questions About Texas § PE.49.04
What does The Texas Constitution § PE.49.04 cover?
Section PE.49.04 ("DRIVING WHILE INTOXICATED") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § PE.49.04?
A common citation format is "The Texas Constitution § PE.49.04" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § PE.49.04 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.