Lynn Ingalsbe – Criminal Defense Attorney Abilene

This post offers links to the Texas statutes pertaining to driving while intoxicated (DWI) laws. If you need an attorney for DWI or DUI for cars, trucks, boating, planes, motorcycles or other vehicles then you are welcome to contact us to discuss your specific situation: Call or email us here

Sec. 49.031.  POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE 
Sec. 49.04.  DRIVING WHILE INTOXICATED
Sec. 49.05.  FLYING WHILE INTOXICATED
Sec. 49.06.  BOATING WHILE INTOXICATED
Sec. 49.07.  INTOXICATION ASSAULT
Read the full statutes here -> Penal Code CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES
Here are the "Impaired driving and penalties - DUI/DWI" from Texas Department of Transportation (TxDOT).  From that resource:
Driving while under the influence of alcohol or drugs can risk your life and the lives of others, and it can send you to jail. If you are under 21, it is illegal for you to drive with any detectable amount of alcohol in your system.
When am I legally intoxicated?
You are  legally intoxicated in Texas:
 when your blood alcohol concentration reaches 0.08 percent, but you are breaking the law as soon as drugs or alcohol affect your driving — or flying or boating — ability.
What are the penalties for a DWI?
First offense:
    Up to a $2,000 fine.
    Up to 180 days in jail upon conviction with three mandatory days.
    Loss of driver license up to a year.
Second offense:
    Up to a $4,000 fine.
    One month to a year in jail upon conviction.
    Loss of driver license up to two years.
Third offense:
    A $10,000 fine.
    Two to 10 years in prison.
    Loss of driver license up to two years.
These fines do not include a state fine of $3,000, $4,500, or $6,000 assessed upon sentencing.
Impaired driving with a child passenger
    You will be charged with child endangerment if you're driving impaired with children under 15.
    You will be additionally fined up to $10,000.
    You could be put in jail for up to two years.
    You will lose your driver's license for another 180 days.
Driving with an open container:
Carrying an open container of alcohol in your vehicle, even if you're not impaired, is illegal. Learn more about  Texas open container laws