Penal Code · §49.09

Intoxication

Intoxication is covered under §49.09 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: DWI committed; Plus one prior conviction for DWI/BWI/FWI/intox assault/intox manslaughter; Class A misdemeanor — 30-day min jail.

Elements you must prove

  • DWI committed
  • Plus one prior conviction for DWI/BWI/FWI/intox assault/intox manslaughter
  • Class A misdemeanor — 30-day min jail

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Worked examples

Worked example 1

DWI by a person with one prior DWI conviction ('DWI 2nd') is what level of offense?

  1. Class B misdemeanor
  2. Class A misdemeanor Correct
  3. State jail felony
  4. 3rd degree felony
Why: DWI 2nd is a Class A misdemeanor with a 30-day mandatory minimum confinement upon any prior intoxication-related conviction.
Statute: Tex. Penal Code §49.09(a)