Texas DWI Law Explained
 Under Texas DWI law, in order to sustain a charge for Driving While Intoxicated (DWI), the suspect must have been operating a vehicle while intoxicated in a public place. "Intoxicated" is defined as not having normal use of your mental or physical faculties as a result of alcohol or drug consumption, or a combination of substances. You can be charged with DWI in Texas if you have a BAC of .08 or higher (per se DWI) or if you are alleged to be under the influence of drugs or alcohol to the point of intoxication.
A DWI violation in Texas is a Class B misdemeanor, unless other factors exist to warrant a more severe charge. For example, if you are arrested for DUI and you have a passenger under the age of 15 in the vehicle, you will be charged with a felony.
Texas also has seperate statutes for Boating While Intoxicated and Flying While Intoxicated. Under the statute, you could even get a DWI for being on waterskis! Both Flying and Boating While Intoxicated offenses are classified as Class B misdemeanor offenses, and carry a minimum penalty of 72 hours of confinement.
Intoxication Mansalughter is a felony offense in Texas. If death occurs as a result of an intoxicated person's mistake or causes an accident while operating a vehicle, boat, plane, etc - then that person will be charged with a 2nd degree felony.
Commercial Vehicles: A person is guilty of DWI if he is driving with a BAC over .04.
Texas DWI Statutes: The text of the actual Texas Impaired Driving Laws
Sec. 49.04. 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 Subsection (c) 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.
Sec. 49.045. DRIVING WHILE INTOXICATED WITH CHILD PASSENGER.
(a) A person commits an offense if:
(1) the person is intoxicated while operating a motor vehicle in a public place; and
(2) the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.
(b) An offense under this section is a state jail felony.
Sec. 49.05. FLYING WHILE INTOXICATED.
(a) A person commits an offense if the person is intoxicated while operating an aircraft.
(b) Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
Sec. 49.06. BOATING WHILE INTOXICATED.
(a) A person commits an offense if the person is intoxicated while operating a watercraft.
(b) Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
Sec. 49.08. INTOXICATION MANSLAUGHTER.
(a) A person commits an offense if the person:
(1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and
(2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.
(b) Except as provided by Section 49.09, an offense under this section is a felony of the second degree.
Sec. 49.10. NO DEFENSE.
In a prosecution under Section 49.03, 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, the fact that the defendant is or has been entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance is not a defense.
Sec. 49.11. PROOF OF MENTAL STATE UNNECESSARY.
(a) Notwithstanding Section 6.02(b), proof of a culpable mental state is not required for conviction of an offense under this chapter.
(b) Subsection (a) does not apply to an offense under Section 49.031.
Sec. 49.12. APPLICABILITY TO CERTAIN CONDUCT.
Sections 49.07 and 49.08 do not apply to injury to or the death of an unborn child if the conduct charged is conduct committed by the mother of the unborn child.
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