Texas DWI Laws

DWI-Related Definitions

Intoxication: Section 49.01 of the Texas Penal Code defines intoxication as "not having the normal use of mental or physical faculties by reason of the introduction 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; OR having an alcohol concentration of .08 or more."

Open Container: Open container means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed. (Section 49.031, Texas Penal Code)

Passenger Area of a Motor Vehicle: Passenger area means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle. The term does not include:

a glove compartment or similar storage container that is locked;
the trunk of a vehicle; or
the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk. (Section 49.031, Texas Penal Code)

Public Highway: Public highway means the entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or other publicly maintained way if any part is open for public use for the purpose of motor vehicle travel. The term includes the right-of-way of a public highway. (Section 49.031, Texas Penal Code)

DWI-Related Offenses

Driving Under the Influence – Minors: Section 106.041 of the Alcoholic Beverage Code makes it illegal for a minor to operate a motor vehicle in a public place while having any detectable amount of alcohol in the minor’s system. Driving under the influence is a Class C misdemeanor, punishable by a fine up to $500, an alcohol awareness course, community service, and driver’s license suspension.

Driving While Intoxicated: Section 49.04 of the Texas Penal Code states that a person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. DWI is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

Driving While Intoxicated with an Open Container: Section 49.04 of the Texas Penal Code also states that driving while intoxicated while the driver had an open container of alcohol in the person's immediate possession is a Class B misdemeanor, with a minimum term of confinement of six days.

Driving While Intoxicated with a Child Passenger: Section 49.045 of the Penal Code states that driving while intoxicated while the vehicle being is occupied by a passenger who is younger than 15 years of age is a state jail felony.

Open Container Law (Possession of Alcoholic Beverage in a Motor Vehicle): Section 49.031 of the Texas Penal Code says that a person commits an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked. An offense under this section is a Class C misdemeanor, punishable by a fine up to $500.

It is an exception if at the time of the offense the person was a passenger in: (1) the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxicab, or limousine; or (2) the living quarters of a motorized house coach or motorized house trailer, including a self-contained camper, a motor home, or a recreational vehicle.

DWI Statistics

In 2007, 98 persons under the age of 21 were killed in Texas during an alcohol related traffic accident. That is 7 percent of all alcohol related traffic fatalities in the state.
The Texas Department of Public Safety (DPS) arrested 11,457 persons under 21 for driving under the influence of alcohol in 2007.
In 2008, about 19 percent of Texas’ high school seniors that participated in a DSHS survey acknowledged that they had operated a motor vehicle at least once in the past year after having "a good bit to drink."
In 2007, 1,485 Texans died in alcohol related traffic accidents, more than any other state.

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