Texas Penal Code § 49.09(b)

18 charge variants · 5 counties

Variants: 18
Counties: 5

The charge

Statute

§ 49.09(b)

(b) An offense under Section 49.04, 49.045, 49.05, 49.06, 49.061, or 49.065 is a felony of the third degree if it is shown on the trial of the offense that the 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 are substantially similar to the elements of an offense under Section 49.08; or (2) two times of any other offense relating to the operating of a motor vehicle while intoxicated, operating an aircraft while intoxicated, operating a watercraft while intoxicated, or 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

CountySeverityCharge variant

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

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

Charge variant	Severity	Cases	Recorded dispositions
Driving While Intoxicated 3rd Or More Iat	Third-Degree Felony	2,298	1,868of 2,298 charges
Driving While Intoxicated, Third Or Subsequent Offense	Third-Degree Felony	253	209of 253 charges
DWI With Prev Intoxication Manslaght Conv Iat	Third-Degree Felony	9	9of 9 charges
Driving While Intoxicated 3rd Or More Iat	Second-Degree Felony	6	3of 6 charges
Driving While Intoxicated/Open Alch Cont 3rd/More	Third-Degree Felony	6	6of 6 charges
Driving While Intoxicated 3rd Or More Iat	State Jail Felony	3	3of 3 charges
Boating While Intoxicated 3rd Or More	Third-Degree Felony	1	1of 1 charges
DWI 3rd Or More	Third-Degree Felony	1	1of 1 charges
DWI 3rd Or More Iat	Third-Degree Felony	1	1of 1 charges
DWI With Child Under 15 Yoa 3rd Or More Iat	Third-Degree Felony	1	1of 1 charges
DWI With Child Under 15 Yoa With Prev Intox Man Iat	Third-Degree Felony	1	0of 1 charges
Driving While Intoxicated (3rd Or More)	Third-Degree Felony	1	1of 1 charges
Driving While Intoxicated 3rd	Third-Degree Felony	1	1of 1 charges
Driving While Intoxicated 3rd Or More Convictions	Third-Degree Felony	1	1of 1 charges
Driving While Intoxicated 3rd Or More Enh F2	Third-Degree Felony	1	1of 1 charges
Driving While Intoxicated, Third Or Subsequent Offense	Second-Degree Felony	1	1of 1 charges
Driving With Intox With Child Under 15 Yoa 3rd Or More	Third-Degree Felony	1	0of 1 charges
Driving With Intox With Child Under 15 Yoa 3rd Or More	State Jail Felony	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.