Texas Penal Code § 49.09(a)

5 charge variants · 5 counties

Variants: 5
Counties: 5

The charge

Statute

§ 49.09(a)

(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.

Published statute text · retrieved 2026-09-16 · not the full statute. Read § 49.09 on the Texas Legislature’s website

Filter these records

27 charges under § 49.09

Cases

The 8 with the most cases, of 27 charges filed under this section.

Charge variants

Each keeps its own counts and outcomes

5 charges are filed under this section. Select one to see its records, outcomes and sentences.

Charge variant	Severity	Cases	Recorded dispositions
Driving While Intoxicated, Second Offense	Class A Misdemeanor	1,503	1,380of 1,503 charges
Boating While Intoxicated 2nd	Class A Misdemeanor	4	4of 4 charges
Driving While Intoxicated/Open Alch Cont 2nd	Class A Misdemeanor	2	2of 2 charges
Driving While Intoxicated 2nd Driving While Intoxicated	Class A Misdemeanor	1	1of 1 charges
Driving While Intoxicated 2nd Lesser	Class A Misdemeanor	1	1of 1 charges

Cases can appear in multiple variants. Counts and sentence medians are not combined. Historical statute versions have not yet been verified.