driving while intoxicated 3rd or more iat texas

49.12. Under Texas law, a person commits a driving while intoxicated (DWI) offense when the person is intoxicated while operating a motor vehicle in a public place. Copyright 2023, Thomson Reuters. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (1) "Offense relating to the operating of a motor vehicle while intoxicated" means: (A) an offense under Section 49.04 or 49.045; (B) an offense under Section 49.07 or 49.08, if the vehicle operated was a motor vehicle; (C) an offense under Article 6701l-1, Revised Statutes, as that law existed before September 1, 1994; (D) an offense under Article 6701l-2, Revised Statutes, as that law existed before January 1, 1984; (E) an offense under Section 19.05(a)(2), as that law existed before September 1, 1994, if the vehicle operated was a motor vehicle; or. 318, Sec. September 1, 2007. Here is what you need to know about Texas Penal Code Sec. https://codes.findlaw.com/tx/penal-code/penal-sect-49-04/, Read this complete Texas Penal Code - PENAL 49.04. 49.07. 1364, Sec. on each motor vehicle owned or operated by the defendant, that uses a deep-lung breath (2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake. And if one of your prior law enforcement contacts was within the preceding five years, your hard suspension increases to 180 days. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Horak Law All Rights Reserved. Sept. 1, 2003. Acts 2007, 80th Leg., R.S., Ch. years of the date on which the most recent preceding offense was committed. Statutory Minimum Mandatory Requirements for a Third DWI under Texas Law Under Texas law, a third conviction for DWI is classified as a third-degree felony. 76, Sec. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, "lack the normal use of mental or physical faculties" because you ingested alcohol, drugs, or any other substance, or. Sonia Renee Hernandez,39, was indicted Nov. 29 on driving while. 25, eff. (c)If it is shown on the trial of an offense under this section that at the time Velazquez was previously convicted of driving while intoxicated in Montgomery County in 2006, and again in 2010. 1364, Sec. 1212), Sec. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (b-3) For the purposes of Subsection (b-1): (1) "Emergency medical services personnel" has the meaning assigned by Section 773.003, Health and Safety Code. Acts 2015, 84th Leg., R.S., Ch. alcohol is detected in the breath of the operator, and that requires that before the More . Charges: Charge Description: INSUFFICIENT BOND - DRIVING WHILE INTOXICATED 3RD OR MORE IAT; Charge Description: INSUFFICIENT BOND - POSS . (E)an offense under the laws of another state that prohibit the operation of a watercraft Third degree Felony "A person commits an offense if the person, by accident or mistake, while operating a . September 1, 2019. (c) It is an exception to the application of Subsection (b) that at the time of the offense the defendant 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. . Sept. 1, 1994. minimum term of confinement of six days. In most cases, the courts are required to impose certain minimum mandatory punishments, including: If you have prior DWI or DUI convictions in Texas or another state, its vitally important to seek the services of a criminal defense attorney experienced in handling Texas DWI cases. (a) Except as provided by Subsection (b), an offense under Section 49.04 (Driving While Intoxicated), 49.05 (Flying While Intoxicated), 49.06 (Boating While Intoxicated), or 49.065 (Assembling or Operating an Amusement Ride While Intoxicated) is a Class A misdemeanor, with a minimum term of confinement of 30 days, if it is shown on the trial of the offense that the person has previously been . person has previously been convicted: (1)one time of an offense under Section 49.08 or an offense under the laws of another state if the offense contains elements that 900, Sec. Acts 2007, 80th Leg., R.S., Ch. It carries a punishment range of 2 to 10 years in prison. Join thousands of people who receive monthly site updates. (b)Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement We can help you navigate this scary situation. Home Criminal Defense Driving While Intoxicated (DWI) Third DWI Penalties. Do I Need To Apply For A Restricted License After A DWI Conviction In Texas? 996, 3. Date: 1/26 #1 VIOLATE PROMISE TO APPEAR (UNIFORM ACT) More Info. To the extent of a conflict between this subsection and Subchapter I, Chapter 42A, of 72 hours. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 3, eff. We will always provide free access to the current law. Failure to comply with an order entered under this subsection is punishable by contempt. while intoxicated. Acts 2005, 79th Leg., Ch. (4) "Offense of operating or assembling an amusement ride while intoxicated" means: (B) an offense under Section 49.07 or 49.08, if the offense involved the operation or assembly of an amusement ride; or. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. first anniversary of the ending date of the period of license suspension under Section 521.344, Transportation Code, the defendant not operate any motor vehicle that is not equipped with that device. 22, eff. of the offense the person operating the motor vehicle had an open container of alcohol 49.08. Sept. 1, 1995. 440 (H.B. that approval. Find more bookings in Wichita County, Texas. September 1, 2007. A DWI Felony Repetition charge is a third-degree felony. Cite this article: FindLaw.com - Texas Penal Code - PENAL 49.04. Sept. 1, 2003. Rate it: IAT. Contact us. TITLE 10. 3, eff. FLYING WHILE INTOXICATED. Sept. 1, 1994. MONTGOMERY COUNTY JAIL BOOKINGS FOR FEBRUARY 28, 2023 By Scott Engle Mar 2, 2023 ARRESTS ONLY AND NOT FINAL CONVICTIONS UNLESS INDICATED INSTANTER ARREST IS AN IMMEDIATE ARREST BLUE WARRANT IS A PAROLE VIOLATION FROM TDCJ A NUMBER INSTEAD OF INSTANTER MEANS THEY WERE ARRESTED ON AN OPEN WARRANT FORMAT BOOKING DATE NAME ADDRESS CITY, STATE (b) It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes and as a part of the person's professional medical treatment by a licensed physician. 1, 2, eff, Sept. 1, 2001; Acts 2001, 77th Leg., ch. Such a DUI charge is a Class C misdemeanor, which brings a maximum fine of $500. Texas Penal Code Sec. Acts 2005, 79th Leg., Ch. 4, eff. 7QX,#!&&T#XLP=_\OOoG'!J#JPr}(V (a) A person commits an offense if the person is intoxicated while operating a watercraft. Governmental Transportation. for non-profit, educational, and government users. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Karah Sarai Freeland, 36, was indicted Feb. 6 on driving while intoxicated third or more IAT, third degree felony. Sept. 1, 2003. Renee Grimaldo - DRIVING WHILE INTOXICATED 3RD OR MORE IAT - Texas. Article 46f-3, Vernon's Texas Civil Statutes, Article 42A.102, Code of Criminal Procedure, https://codes.findlaw.com/tx/penal-code/penal-sect-49-09/, Read this complete Texas Penal Code - PENAL 49.09. 1 0 obj 2246), Sec. Sept. 1, 1994. 1/26 358 Views. Charges: TRAFFICKING OF PERSON TRAFFICKING OF PERSON TRAFFICKING OF PERSON . Sec. Intoxication Assault If you severely hurt another person while flying, driving, or assembling or operating an amusement park ride while intoxicated, you may face a third-degree felony charge. If the court determines the offender is unable to pay for the device, the court . 8, eff. 3 0 obj (2)a felony of the first degree if it is shown on the trial of the offense that the Judge John Shrode approved the deal. (f) Repealed by Acts 2005, 79th Leg., Ch. 49.09: Enhanced Offenses And Penalties and how it may impact your case. driving while intoxicated 3rd or more iat 3/2/2023 salazar,eddie surety 705 admirality way ft worth tx 76108 surety 4917 miller fort worth tx 76103 1584637 issd 500.00 0331785 holley, james interfer w/emergency call 3/2/2023 schuder paul surety 8321 indian bluff trl fort worth tx 76131 23.010, eff. If you have received a license suspension within the preceding five years for a drug or alcohol-related contact with law enforcement, there's an initial 90 day "hard suspension" period during which you won't be able to drive at all. Copyright 2023, Thomson Reuters. (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 amusement ride or assembling the mobile amusement ride 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. However, certain offenses can increase the penalties you face. 969, Sec. Added by Acts 2003, 78th Leg., ch. Sec. How Long Does A DWI Conviction Remain On Your Record In Texas? (b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours. 2, eff. Texas Penal Code Sec. Rate it: IAT. 648, Sec. Sec. More specifically, the number of previous DWI convictions and also how recent they are. or. (1) " Offense relating to the operating of a motor vehicle while intoxicated " means: (A) an offense under Section 49.04 or 49.045; (B) an offense under Section 49.07 or 49.08, if the vehicle operated was a motor vehicle; (C) an offense under Article 6701l-1, Revised Statutes, as that law existed before September 1, 1994; IAT 57070021 - CRIMINAL TRESPASS INST HIGH EDU PREV CONV IAT - PC - 30.05(d)(3)(B) Sec. (4) "Watercraft" means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water. More Info. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 30.05 CRIMINAL TRESSPASS o (d) An offense under this section is: o (3) a Class A misdemeanor if: o (B) the offense is committed on or in property of an institution of higher education and it is shown on the trial of the offense that the Enhanced Offenses and Penalties - last updated April 14, 2021 Fines cannot exceed $10,000, but a variety of fees and "penalty assessments" will significantly increase the amount you actually pay. Texas Parks and Wildlife Department; Kerr County Sheriff's Office; Hays County Constable - Precinct #3; Current as of April 14, 2021 | Updated by FindLaw Staff. If, as a result of your intoxication, your actions cause the death of another person, you may face a second-degree felony in addition to any penalties for operating a vehicle or amusement park ride while intoxicated. entrepreneurship, were lowering the cost of legal services and Section 49.04 Driving While Intoxicated, person caused the death of a person described by Subsection (b-1). Current as of April 14, 2021 | Updated by FindLaw Staff. App.Austin 2009, pet. The conventional felony DWI has the same elements as the misdemeanor offenses: 1) operating a motor vehicle; 2) in a public place; 3) while intoxicated (intoxicated means not having the normal use of your mental or physical faculties or a BAC .08 or greater); and 4) with 2 prior convictions for DWI. shown on the trial of the offense that the person has previously been convicted one We keep you informed of every step of the way, communication is what separates our firm from other firms. After a third DWI arrest, the Court will impose a Condition of release for Jail on Bond which requires the individual to install and use an ignition interlock device. 7, 2021). Sept. 1, 1997. Prior convictions of a similar offense can result in a higher penalty, including being charged additional fees or even facing a felony. (last accessed Jun. Aaron Mills in Texas Brazoria County arrested for JT/DRIVING WHILE INTOXICATED 3RD OR MORE IAT 4/26/1981. (a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another. 3582), Sec. 3, eff. while intoxicated, or an offense of operating or assembling an amusement ride while Lucio, Yvonne Nadine. (2) "Passenger area of a motor vehicle" means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle. For individuals that have previously been convicted of driving while intoxicated (DWI), the consequences for a third or subsequent conviction can be extremely serious. DRIVING WHILE INTOXICATED WITH CHILD PASSENGER. in the person's immediate possession, the offense is a Class B misdemeanor, with a Through social increasing citizen access. DRIVING WHILE INTOXICATED W/CHILD UNDER 15 YOA State Jail McKinney 22-002734 True Bill of Indictment 401-80678-2023 Ginn, Marcedes Truland DRIVING WHILE INTOXICATED 3RD OR MORE IAT Third Degree McKinney 22-009844C True Bill of Indictment 401-80683-2023 Larson, Karlye G. G. AGG ASSAULT AGAINST PUBLIC SERVANT, A471-01042023-01 2 0 obj 1067 (H.B. 49.11. 2021-dcr-02313 state of texas ada stephanie franke Amended by Acts 1999, 76th Leg., ch. motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another" {Texas Penal Code 49.07}. That's according to Texas Penal Code Section 106.041. (e) A peace officer charging a person with an offense under this section, instead of taking the person before a magistrate, shall issue to the person a written citation and notice to appear that contains the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged. We will always provide free access to the current law. Sec. Dennis, TX . Are You Allowed To Drive For Uber Or Lyft With A DWI On Your Record? endobj Age: 53. 1/26 269 Views. Sept. 1, 2001. (3) "Offense of operating a watercraft while intoxicated" means: (B) an offense under Section 49.07 or 49.08, if the vehicle operated was a watercraft; (C) an offense under Section 31.097, Parks and Wildlife Code, as that law existed before September 1, 1994; (D) an offense under Section 19.05(a)(2), as that law existed before September 1, 1994, if the vehicle operated was a watercraft; or. Sec. % If the court determines the offender is unable to pay for the device, the court may impose a reasonable payment schedule not to extend beyond the first anniversary of the date of installation. The punishment for a DWI 3rd can be up to 10 years probation or possibly prison time. (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. <> TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. endobj Sec. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. If, on the other hand, you refuse a test in violation of Texas's implied consent laws, the DMV will automatically suspend your license for two years. Prosecutors will often charge the third DWI offense as a felony. (d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor. (b-4) An offense under Section 49.07 is a felony of the second degree if it is shown on the trial of the offense that the person caused serious bodily injury to another in the nature of a traumatic brain injury that results in a persistent vegetative state. the person caused serious bodily injury to a firefighter or emergency medical services (a-1) For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place. Jonathan . relating to the operating of a motor vehicle while intoxicated committed within five Possession by a person of one or more open containers in a single criminal episode is a single offense. | https://codes.findlaw.com/tx/penal-code/penal-sect-49-04/. 996, Sec. September 1, 1994; (D)an offense under Article 6701l-2, Revised Statutes, as that law existed before (a) A person commits an offense if the person is intoxicated while operating an amusement ride or while assembling a mobile amusement ride. Session, 1963 (Article 46f-3, Vernon's Texas Civil Statutes), as that law existed before September 1, 1994; (D)an offense under Section 19.05(a)(2), as that law existed before September 1, 1994, if the vehicle operated was an aircraft; September 1, 2011. (1)a felony of the second degree if it is shown on the trial of the offense that 49.07 . injury that results in a persistent vegetative state. ASSEMBLING OR OPERATING AN AMUSEMENT RIDE WHILE INTOXICATED. 51), Sec. To the extent of a conflict between this subsection and Subchapter I, Chapter 42A, Code of Criminal Procedure, this subsection controls. Overview of Texas DWI Laws. <> 1364, Sec. Contact Eddington Worley Attorneys today at 855-600-6695 to discuss your legal options. Amended by Acts 1999, 76th Leg., ch. Intoxication Assault in Texas. There is no reason to try to navigate this on your own. (B) a member of an organized volunteer fire-fighting unit that: (i) renders fire-fighting services without remuneration; and. Charge (s): MA / DRIVING W/VIOL FIN RESP ACCIDENT SBI/DEATH. If a person has been to prison once before (on a DWI or any other charge), the punishment range is enhanced to 2 to 20 years in prison. DWI (driving while intoxicated), DUI (driving under the influence), and even BWI (boating while intoxicated) are all common charges throughout the San Antonio area.However, one charge is not discussed nearly as often and yet has very serious consequences, in and outside of the courtroom: intoxication assault.Here is how Texas law defines intoxication assault, including its associated . State-Jail Felony: Imprisonment for 180 days 2 years. intoxicated. anniversary of that ending date. 2(117), eff. 1488), Sec. Enter Your Zip Code to Connect with a Lawyer Serving Your Area, Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. we provide special support 3, eff. 8:30 AM CR-0823-22-J JAIME RAFAEL OLAN SO#: 01466680 DRIVING WHILE INTOXICATED Jan. 1, 2000. Bond: View Profile >>> Vivas Laynes, Abeth . Jan. 1, 2000; Acts 2001, 77th Leg., ch. Odessa American, Texas. Between 2 and 10 years in the Texas Department of Criminal Justice. In this chapter: (1) "Alcohol concentration" means the number of grams of alcohol per: (A) 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. September 1, 2005. Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Sept. 1, 1994. 969, Sec. device is no longer required to remain installed. Sept. 1, 1995. 49.06. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. we provide special support We have the knowledge to help you get the best possible outcome with your case. If you're lawfully arrested in Texas for DWI within ten years of a previous alcohol or drug-related "enforcement contact" (like a prior DWI or refusal to submit to chemical testing) the Department of Motor Vehicles (DMV) can impose enhanced driver's license suspensions and feesregardless of whether you're ultimately convicted of a DUI. If you severely hurt another person while flying, driving, or assembling or operating an amusement park ride while intoxicated, you may face a third-degree felony charge. For example, a statute might list a "minimum" jail sentence that's longer than the actual amount of time (if any) a defendant will have to spend behind bars. ** This post is showing arrest information only. V.T.C.A., Penal Code 12.41 et seq. Sec. (ii)conducts a minimum of two drills each month, each at least two hours long. (g)A conviction may be used for purposes of enhancement under this section or enhancement Eo$|}t7#G0!a>x3d}Emp:o0d`JlpLw;RJirqK?qDXbH. IwhfWuIPzwb0 (b-3)For the purposes of Subsection (b-1): (1)Emergency medical services personnel has the meaning assigned by Section 773.003, Health and Safety Code. or. Do not panic, our experienced legal team is here to help fight for your future. Sec. 3. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Original Source: They include: Operating an Aircraft While Intoxicated As a condition of release from jail, the judge will make you install an ignition interlock device on any vehicle you drive while your charges are pending, and you will not be allowed to drive any vehicle without an interlock for one year following the reinstatement of your license. 904), Sec. (a)Except as provided by Subsection (b), an offense under Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor, with a minimum term of confinement of 30 days, if it is 2908), Sec. Texas DWI Defined. (a) Except as provided by Subsection (b), an offense under Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor, with a minimum term of confinement of 30 days, if it is shown on the trial of the offense that the person has previously been convicted one time of an offense relating to the operating of a motor vehicle while intoxicated, an offense of operating an aircraft while intoxicated, an offense of operating a watercraft while intoxicated, or an offense of operating or assembling an amusement ride while intoxicated. Under Texas' drunk driving laws for minors, the state doesn't have to prove intoxication but rather that any detectable amount of alcohol was in the minor's system. 1, eff. https://texas.public.law/statutes/tex._penal_code_section_49.09. 49.031. x]]s7}wJ ,)M3F8h`zYR\dZn?OLT"o'0;[_>)?O_'? This is a passive informational site providing organization of public data, obtainable by anyone. (h) This subsection applies only to a person convicted of a second or subsequent offense relating to the operating of a motor vehicle while intoxicated committed within five years of the date on which the most recent preceding offense was committed. endobj QrhjzTO/7iF &(|'_eQ8=&u0Y$!Td8%%q]6/ ?8~1Di3\1W'jf&sCQvl2}f?A.aRfYMf.34+UM}EY]Q^W{%S:/]0OeT,(b4U)#u>K~^HW_!b}^A}#J4E]&n:wQ bVWmxa*Np!/-!_ ?L]'}@jX (./ (6) "Mobile amusement ride" has the meaning assigned by Section 2151.002, Occupations Code. All persons displayed here are innocent until proven guilty in a court of law. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. DRIVING WHILE INTOXICATED 3RD OR MORE IAT: jurisdiction: bond details: bond amount: charge description: POSS CS PG 1/1-B 1G: jurisdiction: bond details: bond amount: . The penalties for intoxication manslaughter in Texas can include up to 20 years in prison. Sept. 1, 2003. 787, Sec. (a) A person commits an offense if the person, by accident or mistake: (1) while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another; or. Booking Date: 02-21-2023 - 7:11 am. September 1, 2005. This information does not infer or imply guilt of any actions or activity other than their arrest. or. If you don't notify the DMV within this timeframe that you want to contest the suspension, your license will remain suspended for 12 months starting the 41st day after your arrest. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Find more bookings in Ellis County, Texas. 822, Sec. (2) a felony of the first degree if it is shown on the trial of the offense that the person caused serious bodily injury to a peace officer or judge while the officer or judge was in the actual discharge of an official duty. IAT. 2.05, eff. | https://codes.findlaw.com/tx/penal-code/penal-sect-49-09/. Sept. 1, 2001. 662 (H.B. In Texas Department of Public Safety v.Allocca, 301 S.W.3d 364, 368-70 (Tex. If you face criminal charges, consult an experienced criminal defense lawyer. 1212), Sec. 2, eff. Intoxication assault is charged under Texas Penal Code Sec. (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. 1, eff. 3, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. (b) 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. (2) as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another. Attorney Matt Horak created this website to provide you with general information about the potential punishments that can result from a third DWI conviction under Texas law. However, a DUI charge can be elevated . #1 DRIVING WHILE INTOXICATED 3RD OR MORE IAT. Juan Antonio Olivas,43, was indicted Nov. 29 on driving while intoxicated third or more IAT, third degree felony. vehicle, and order the device to remain installed on each vehicle until the first (e) An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies. Attorneys who . Code of Criminal Procedure, this subsection controls. Enhanced Offenses and Penalties on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. Sentencing law is complex. September 1, 2005. 49.045. (3)Offense of operating a watercraft while intoxicated means: (B)an offense under Section 49.07 or 49.08, if the vehicle operated was a watercraft; (C)an offense under Section 31.097, Parks and Wildlife Code, as that law existed before September 1, 1994; (D)an offense under Section 19.05(a)(2), as that law existed before September 1, 1994, if the vehicle operated was a watercraft; See Texas Health and Safety Code Section 481.112. At its core, Texas Penal Code Sec. January 1, 2017. (1)Offense relating to the operating of a motor vehicle while intoxicated means: (A)an offense under Section 49.04 or 49.045; (B)an offense under Section 49.07 or 49.08, if the vehicle operated was a motor vehicle; (C)an offense under Article 6701l-1, Revised Statutes, as that law existed before