Texas DWI Laws


Driving while intoxicated, first offense, is a Class B Misdemeanor that is defined in the Texas Penal Code 49.04. The provision states that "A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place". There are two definitions to encompass those who do or do not submit to chemical testing: 1) Not having the normal use of mental or physical faculties by reason of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; 2) Having an alcohol concentration of 0.08 or more.

Frequently Asked Questions About Drunk Driving

  1. Question: Do you have to be "drunk" to be guilty of drunk driving?

    Answer: No. You or those around you may not think you are drunk. But due to your intake and condition you may be able to be found guilty of drunk driving under the current definition of the law.

  2. Question: Legally, just what is "drunk driving?"
  3. Answer: Driving while intoxicated (DWI) or driving under the influence (DUI), has three general meanings:

    • Driving with any amount of alcohol in your system which causes your physical abilities to be impaired in any way.
    • Driving with a level of alcohol in your system which measures 0.08 of blood alcohol content.
    • Driving with drugs in your system or with a combination of drugs and alcohol, no matter what the amount of those substances may be, where your physical abilities have become impaired in any way.​​​​​