Intoxication Offenses can have a huge impact on a person’s life and the lives of the people around them. Intoxication crimes are unique because they are often charged against people who have no other criminal record and who are unfamiliar with the criminal justice system. The chart below, created by the Texas Justice Court Training Center, shows the different classifications of intoxication offenses and how they are charged. Below the chart is a key to explain the classes and some of the consequences of conviction.
If you have been arrested and charged with any of these Intoxication Offenses hiring an attorney who is familiar with Intoxication Offenses can help you navigate the system and protect your rights.
| Table: Classes of Intoxication Offenses | |
| Offense | Class |
| DUI Minor (1st offense) – Driving Under the Influence | C |
| DUI Minor (2 or more previous final DUI-M dispositions) | B |
| DWI (1st offense) – Driving While Intoxicated | B |
| BWI (1st offense) – Boating While Intoxicated | B |
| FWI (1st offense) – Flying While Intoxicated | B |
| DWI with BAC > 0.15 | A |
| DWI (1 previous Chapter 49 conviction) | A |
| BWI (1 previous Chapter 49 conviction) | A |
| FWI (1 previous Chapter 49 conviction) | A |
| DWI with Child Passenger | SJF |
| DWI (2 or more previous Chapter 49 convictions) | F3 |
| BWI (2 or more previous Chapter 49 convictions) | F3 |
| FWI (2 or more previous Chapter 49 convictions) | F3 |
| DWI with 1 or more Sec. 49.08 convictions | F3 |
| Intoxication Assault | F3 |
| Intoxication Assault on peace officer, firefighter, EMS | F2 |
| Intoxication Manslaughter | F2 |
| Intoxication Manslaughter causing death of peace officer, firefighter, EMS | F1 |
Chapter 49: Texas Penal Code, Title 10: Offenses Against Public Health, Safety, and Morals, Chapter 49 Intoxication and Alcoholic Beverage Offenses.
A (Class A Misdemeanor): An individual adjudged guilty of a Class A misdemeanor shall be punished by:
(1) a fine not to exceed $4,000;
(2) confinement in jail for a term not to exceed one year; or
(3) both such fine and confinement.
B (Class B Misdemeanor): An individual adjudged guilty of a Class B misdemeanor shall be punished by:
(1) a fine not to exceed $2,000;
(2) confinement in jail for a term not to exceed 180 days; or
(3) both such fine and confinement.
C (Class C Misdemeanor): An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.
F1 (1st Degree Felony): (a) An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years.
(b) In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be punished by a fine not to exceed $10,000.
F2 (2nd Degree Felony): (a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years.
(b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.
F3 (3rd Degree Felony): (a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years.
(b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.
SJF (State Jail Felony): (a)…[A]n individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.
(b) In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.