Transportation Code · §49.09

DWI Offenses

DWI Offenses 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 two or more qualifying prior convictions; 3rd degree felony.

Elements you must prove

  • DWI committed
  • Plus two or more qualifying prior convictions
  • 3rd degree felony

Practice 2 questions on this topic

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Worked examples

Worked example 1

DWI by a person with two or more prior intoxication-related convictions (DWI 3rd or more) is what level of offense?

  1. Class A misdemeanor
  2. State jail felony
  3. 3rd degree felony Correct
  4. 2nd degree felony
Why: DWI with two or more priors (DWI/BWI/FWI/intox assault/intox manslaughter) is a 3rd degree felony (2–10 years TDCJ; up to $10,000 fine).
Statute: Tex. Penal Code §49.09(b)
Worked example 2

A driver convicted of two prior DWI 2nds and now arrested for a third DWI is exposed to what classification?

  1. Class A misdemeanor
  2. DWI 3rd or more — 3rd degree felony (2–10 years TDCJ; up to $10,000 fine); habitual offender enhancements may apply with prior felonies Correct
  3. DWLI
  4. PI
Why: DWI with two or more priors is a 3rd degree felony. Habitual offender enhancements (Penal Code §12.42) can elevate further depending on the defendant's felony record.
Statute: Tex. Penal Code §49.09(b)