driving while intoxicated 3rd or more iat texas driving while intoxicated 3rd or more iat texas

(C)an offense under the law of another state that prohibits the operation of an amusement All rights reserved. <> Possession by a person of one or more open containers in a single criminal episode is a single offense. 1364, Sec. For the purpose of enforcing this subsection, the court that enters an order under 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. 49.09: Enhanced Offenses And Penalties. BLOG; CATEGORIES. No substitute exists, however, for discussing the particular facts of your drunk driving case with an experienced Houston DWI lawyer. 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. Driving while intoxicated comes in multiple forms. Attorneys who . 996 (H.B. 1420, Sec. 1364, Sec. Amended by Acts 1999, 76th Leg., ch. 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. The court can impose jail time in the Texas State Prison system for not less than two (2) year or more than ten (10) years; The court can impose up to two (2) years of probation or community supervision; The court must order an ignition interlock device (IID) which requires a deep lung air sample to be provided before the vehicle will start for all individuals convicted of a third or subsequent DWI crime as a condition of bond and before the individual can obtain any provisional or occupational drivers license that might be awarded after the DWI conviction; As part of the community control (probation), the court must impose at least 160 hours of community servicebut may require up to 600 hours of community service; Drivers license suspension of not less than 6 months or more than 2 years (which does not begin until any period of confinement is served). The DWI laws in Texas are complicated, and the facts of each case are different. %PDF-1.5 APPLICABILITY TO CERTAIN CONDUCT. Failure to comply with an order entered under this subsection is punishable by contempt. Charge Description: PC 49.09 (b) - DRIVING WHILE INTOXICATED 3RD OR MORE IAT Bond Amount: $11,000.00 Charge Description: TC 550.022 (c) (2) - ACCIDENT INVOLVING DAMAGE TO VEHICLE>=$200 Charge Description: Additional Hold for Brazos County ** This post is showing arrest information only. Boerne, Texas 78006 . personnel while in the actual discharge of an official duty; or. 3, eff. They include: Operating an Aircraft While Intoxicated 49.11. (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. "Intoxicated" means you either: There is no criminal penalty "lookback period" in Texasmeaning any prior DUI or BUI (boating under the influence) conviction, no matter how old will count in determining what's a third offense. (E) an offense under the laws of another state that prohibit the operation of a watercraft while intoxicated. stream Through social (2) the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age. This occurs when a person is under the influence of alcohol or drugs (recreational drugs or pharmaceuticals) that impair motor function. All Rights Reserved by Recently Booked. (2)Offense of operating an aircraft while intoxicated means: (B)an offense under Section 49.07 or 49.08, if the vehicle operated was an aircraft; (C)an offense under Section 1, Chapter 46, Acts of the 58th Legislature, Regular 1.01, eff. The court shall enter an order that requires the defendant to have a device installed, (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. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 996, 3. 1, 2, eff, Sept. 1, 2001; Acts 2001, 77th Leg., ch. The punishment for a DWI in the state of Texas is quite severe. Original Source: September 1, 2019. DRIVING WHILE INTOXICATED 3RD OR MORE IAT ( Felony 3rd Degree) Arrest Date: 09/20/2020 Bond Type: Cash/Surety Bond Amount: $ 3,000.00 Defendant Attorney: RICHARD GARZA 956-316-1088 STATUS HEARING File Age: 276 days Days in Jail: 1 Day Next Hearing Date: 46. Booking Date: 02-21-2023 - 7:11 am. If you fail a chemical test (have a BAC of .08% or more), your suspension will be for one year. In addition, We have the knowledge to help you get the best possible outcome with your case. 23.010, eff. we provide special support The drunk driving defense attorneys at Eddington Worleyare here for you. in the person's immediate possession, the offense is a Class B misdemeanor, with a Sonia Renee Hernandez,39, was indicted Nov. 29 on driving while. How Should I Explain My DWI On A Job Application? According to the Texas Department of Transportation, someone is hurt or killed in a crash involving alcohol every 20 minutes in Texas. 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: . Every charge for driving while intoxicated (DWI) is taken seriously in Texas. (a) A person commits an offense if the person is intoxicated while operating an amusement ride or while assembling a mobile amusement ride. (a-1) For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not. an offense of operating an aircraft while intoxicated, an offense of operating a watercraft (a) In this section: (1) "Open container" means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed. Inter Arrival Time. (A) an individual employed by this state or by a political or legal subdivision of this state who is subject to certification by the Texas Commission on Fire Protection; or. Age: 36. we provide special support motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another" {Texas Penal Code 49.07}. Home DWI Resources in Texas Texas Penal Code Sec. (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. (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. 1/26 269 Views. Prosecutors will often charge the third DWI offense as a felony. The court shall enter an order that requires the defendant to have a device installed, on each motor vehicle owned or operated by the defendant, that uses a deep-lung breath analysis mechanism to make impractical the operation of the motor vehicle if ethyl alcohol is detected in the breath of the operator, and that requires that before the 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. Jesse Redden. Do not panic, our experienced legal team is here to help fight for your future. 49.09: Enhanced Offenses And Penalties and how it may impact your case. 3. 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. (B) a member of an organized volunteer fire-fighting unit that: (i) renders fire-fighting services without remuneration; and. Added by Acts 1993, 73rd Leg., ch. 76, Sec. 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. 49.08. 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. Sept. 1, 2003. s 0ulU Charges: TRAFFICKING OF PERSON TRAFFICKING OF PERSON TRAFFICKING OF PERSON . time of an offense relating to the operating of a motor vehicle while intoxicated, vehicle while intoxicated. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. DRIVING WHILE INTOXICATED BAC >= 0.15. Rate it: IAT. 4, eff. Contact Eddington Worley Attorneys today at 855-600-6695 to discuss your legal options. 1 0 obj (E) an offense under the laws of another state that prohibit the operation of an aircraft while intoxicated. Sec. 900, Sec. 648, Sec. Gender: M. Race: White. t(03 )hljgx,xT$Kpf9y+]O]G)cp(!#^u/(-+_ 1.01, eff. 4, eff. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY Maria Aracely Martinez, 48,. If the court determines the offender is unable to pay for the device, the court 4 0 obj Third-Degree Felony: Imprisonment for 2-10 years. 7QX,#!&&T#XLP=_\OOoG'!J#JPr}(V (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. 2.05, eff. The ignition interlock device is a deep lung air machine that prevents the vehicle from starting until the driver blows into the machine to make sure that the driver has not consumed any alcoholic beverages. Amended by Acts 2001, 77th Leg., ch. Copyright 2023. Driving While Intoxicated 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. of the date of installation. 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. Texas Penal Code Sec. While driving while intoxicated and causing an injury crash is the most well-known, the other activities included bring the same charges and are just as serious. 324 (S.B. (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. Section 49.04 Driving While Intoxicated, Jonathan . Under any circumstance, a conviction for driving while intoxicated (DWI) charge in Texas is a serious matter. 14.55, eff. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. 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. 1 Location: 49.031: Possession Of Alcoholic Beverage In Motor Vehicle, Sec. An experienced DWI lawyer in Texas can investigate all possible defenses, including determining if the stop was lawful, if the test was administered correctly, or if other medical conditions may have impacted your test results. (c) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor. 787, Sec. (2) the living quarters of a motorized house coach or motorized house trailer, including a self-contained camper, a motor home, or a recreational vehicle. 12, 13, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 12, eff. 1.01, eff. 787, Sec. Copyright 2023, Thomson Reuters. Intoxication assault is charged under Texas Penal Code Sec. It carries a punishment range of 2 to 10 years in prison. (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. If you face criminal charges, consult an experienced criminal defense lawyer. More Info. . 996, 3. 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 minimum term of confinement of six days. Sept. 1, 2001. Jan. 1, 2000; Acts 2001, 77th Leg., ch. 1199), Sec. 14, eff. endobj If convicted of injuring an emergency medical services personnel, firefighter, peace officer, or judge, you may face additional penalties and a felony of the first or second degree. (e) Repealed by Acts 2005, 79th Leg., Ch. SO #: K23-00112. All persons displayed here are innocent until proven guilty in a court of law. 2 attorney answers. If you have been arrested for a third or subsequent DWI, then contact an experienced DWI defense attorney in Houston to talk about the particular facts and circumstances of your drunk driving case. Original Source: Dennis, TX . (a) A person commits an offense if the person is intoxicated while operating an aircraft. In Texas, driving while intoxicated (DWI) means drunk driving, and the state uses your blood alcohol concentration (BAC) to determine whether you're too intoxicated to operate a motor vehicle. If the person has been to prison twice before, then they are looking at 5 to 99 years in prison. (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. NO DEFENSE. (3) "Public highway" means the entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or other publicly maintained way if any part is open for public use for the purpose of motor vehicle travel. Jan. 1, 2000. Michael Neeley, 28, of Amarillo: Possession of a controlled substance, penalty group 1/1-B, at least 1 gram, less than 4 grams - third degree felony - $10,000 David Padilla, 45, of Hale Center:. Previous Campos-cabrera, Olga Patricia | 2023-03-02 Wichita County . Sept. 1, 1994. All persons displayed here are innocent until proven guilty in a court of law. 770 (H.B. (c)If it is shown on the trial of an offense under this section that at the time A DWI Felony Repetition charge is a third-degree felony. (d)For the purposes of this section, a conviction for an offense under Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08 that occurs on or after September 1, 1994, is a final conviction, whether the sentence 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. September 1, 2007. 3582), Sec. Date: 1/26 #1 VIOLATE PROMISE TO APPEAR (UNIFORM ACT) More Info. 49.07 covers several activities. are substantially similar to the elements of an offense under Section 49.08; or. analysis mechanism to make impractical the operation of the motor vehicle if ethyl for non-profit, educational, and government users. 1/26 358 Views. Fighting a drunk driving accusation, charged as a DWI in Texas, is a stressful and scary situation. BLOG; CATEGORIES. entrepreneurship, were lowering the cost of legal services and Acts 2015, 84th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. To the extent of a conflict between this subsection and Subchapter I, Chapter 42A, Code of Criminal Procedure, this subsection controls. (b) Except as provided by Subsections (c) and (d) and Section 49.09 (Enhanced Offenses and Penalties), an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours. 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. If you have not received any previous alcohol-related license suspensions within the preceding five years, you are immediately eligible for an "occupational license." Offense relating to the operating of a motor vehicle while intoxicated, Offense of operating or assembling an amusement ride while intoxicated, For purposes of this section, a person is considered to have been convicted of an Acts 2015, 84th Leg., R.S., Ch. A third DWI in Texas is a third-degree felony (a first or second offense is a misdemeanor) and carries two to ten years in state prison. According to the State of Texas, a DWI Third Offense is when an individual is arrested or charged for DWI with two prior convictions of DWI on their record. September 1, 2011. Judge John Shrode approved the deal. 960 (H.B. For your first offense, you may face up to $2,000 in fines, 180 days in jail, and the loss of your license for up to one year. injury that results in a persistent vegetative state. 49.08: Intoxication Manslaughter. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Section 521.247, Transportation Code, applies to the approval of a device under this subsection and the consequences of that approval. 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. Added by Acts 1999, 76th Leg., ch. If there are already non-DWI felony convictions on a person's . A DWI can have a severe impact on your life. while intoxicated, or an offense of operating or assembling an amusement ride while Sec. An attorney with command of the rules in your jurisdiction will be able to explain the law as it applies to your situation. (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 More . 1298 (H.B. 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. Overview of Texas DWI Laws. ; Alcohol can affect you based on the number . 7, eff. (d) An offense under this section is a Class C misdemeanor. Sept. 1, 1997. Texas Parks and Wildlife Department; Kerr County Sheriff's Office; Hays County Constable - Precinct #3; 969, Sec. 2908), Sec. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. (a) A person commits an offense if the person is intoxicated while operating a watercraft. https://codes.findlaw.com/tx/penal-code/penal-sect-49-04/, Read this complete Texas Penal Code - PENAL 49.04. 900, Sec. 49.065. Acts 2007, 80th Leg., R.S., Ch. relating to the operating of a motor vehicle while intoxicated committed within five PROOF OF MENTAL STATE UNNECESSARY. 0.00: Not Suarez, Miguel Espinoza you were looking for? A DWI doesn't have to be the end of the world. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. (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. September 1, 2005. (c) 1.01, eff. DRIVING WHILE INTOXICATED WITH CHILD PASSENGER. 2022-dcr-01473 state of texas ada stephanie franke driving while intoxicated 3rd or more iat-21b3286/decoss juan ricardo corona santiago galarza announcement pre-trial notes: def declined atty 10/4/21 atty: retained santiago galarza date:7/26/22 additional charges: 22-ccr-2660-b; 21-b-3287 4. In Texas Department of Public Safety v.Allocca, 301 S.W.3d 364, 368-70 (Tex. <> (b-2)An offense under Section 49.08 is a felony of the first degree if it is shown on the trial of the offense that the Copyright 2023. 1.01, eff. 49.06. Sept. 1, 1994. You may lose your license to drive, face fines as high as $2,000, and face 180 days or more in jail. March 2021 Indictments. 1212), Sec. 51), Sec. for non-profit, educational, and government users. 1, eff. or. Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (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. Sec. (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. 1364, Sec. If you've been arrested or charged for DWI, you should contact an experienced criminal defense attorney in your area who can help you decide how best to proceed with your case. (5) "Amusement ride" has the meaning assigned by Section 2151.002, Occupations Code. (B)a member of an organized volunteer fire-fighting unit that: (i)renders fire-fighting services without remuneration; and. 76, Sec. Call Horak Law at (713) 225-8000 to discuss your arrest for any third DWI in Houston, Harris County, and the surrounding areas, including The Woodlands in Montgomery County, Texas. under Article 42A.102, Code of Criminal Procedure. 1, eff. BOATING WHILE INTOXICATED. 54040009 driving while intoxicated 49.04 pc mb 54040010 driving while intoxicated 2nd 49.09(a) pc ma 54040011 driving while intoxicated 3rd or more iat 49.09(b) pc f3 54040014 driving while intoxicated bac >= 0.15 49.04(d) pc ma 54040028 driving while intoxicated w/child under 15 yoa 49.045(b) pc fs 54040012 driving while intoxicated/open alch . 900, Sec. Ask a lawyer - it's free! 49.04. the person caused serious bodily injury to another in the nature of a traumatic brain 2021-dcr-02313 state of texas ada stephanie franke Intoxication Manslaughter JUSTIN ADRIO was booked in Dallas County, Texas for INSUFFICIENT BOND - DRIVING WHILE INTOXICATED 3RD OR MORE IAT. 900, Sec. Driving While Intoxicated (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. For many these cases of a third or subsequent DWI, the attorney is fighting not only the DWI accusation but any finding that a prior DWI can be used to enhance the penalties at sentencing. 2, eff. A serious offense, DWI Third can be considered a third-degree felony, which may result in severe punishment. September 1, 2005. Added by Acts 1993, 73rd Leg., ch. Karah Sarai Freeland, 36, was indicted Feb. 6 on driving while intoxicated third or more IAT, third degree felony. of 72 hours. Sec. 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. Location: <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 1008] /Contents 4 0 R/Group<>/Tabs/S>> . Copyright 2023, Thomson Reuters. Renee Grimaldo in Texas Walker County arrested for DRIVING WHILE INTOXICATED 3RD OR MORE IAT 7/24/1977. Booking Date: 3/3/2023. September 1, 2005. The court shall require the defendant to obtain the device at the defendant's own cost on or before that ending date, require the defendant to provide evidence to the court on or before that ending date that the device has been installed on each appropriate vehicle, and order the device to remain installed on each vehicle until the first anniversary of that ending date. (g)A conviction may be used for purposes of enhancement under this section or enhancement intoxicated, or operating or assembling an amusement ride while intoxicated. IAT. However, certain offenses can increase the penalties you face. The felony charges include assault of a public servant; driving while intoxicated (third or more IAT); assault of a peace officer or judge; and aggravated assault with a deadly weapon.. 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. First-Degree Felony: Imprisonment for life or imprisonment for 5-99 years (with some exceptions mandating a longer minimum term) Second-Degree Felony: Imprisonment for 2-20 years. 2.84, eff. You may contact an attorney in the county where the case is pending and discover the shorthand used by the clerk of court in that county. Charge (s): MA / DRIVING W/VIOL FIN RESP ACCIDENT SBI/DEATH. (1)a felony of the second degree if it is shown on the trial of the offense that 8, eff. 2, eff. US States (36975K) Current Events (51K) Celebrity (272) Exonerated . A friend has 3 man/del cs pg1 >2g dfz but the 3rd charge has "iat" at the end. Charges: Charge Description: INSUFFICIENT BOND - DRIVING WHILE INTOXICATED 3RD OR MORE IAT; Charge Description: INSUFFICIENT BOND - POSS . may impose a reasonable payment schedule not to extend beyond the first anniversary (3) "Motor vehicle" has the meaning assigned by Section 32.34(a). All data on this site is obtained directly from law enforcement agencies in their respective states and counties, and is public domain. That's according to Texas Penal Code Section 106.041. P0In[KLXw4P8hvP jRP[1 :.]UXri{\BJUJ-qvZ2]IXEQu0:RUW8; u'm2K]q#Y0[$ |&1GCxn9+hk This is a passive informational site providing organization of public data, obtainable by anyone. . This information does not infer or imply guilt of any actions or activity other than their arrest. 2+^& Added by Acts 1993, 73rd Leg., ch. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.49.htm#49.09 | https://codes.findlaw.com/tx/penal-code/penal-sect-49-09/. When you fail or refuse a chemical test (see below), the arresting agency will confiscate your license, and you have 15 days from the date of arrest to contest the suspension. Date: 11/16/2021. Added by Acts 1993, 73rd Leg., ch. 2299), Sec. (b) Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours. (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 . 5, eff. 49.10. 2(117), eff. Velazquez was previously convicted of driving while intoxicated in Montgomery County in 2006, and again in 2010. Acts 2007, 80th Leg., R.S., Ch. (c) Except as provided by Section 49.09, an offense under this section is a felony of the third degree. (E)an offense under the laws of another state that prohibit the operation of an aircraft Hummingbirds set to migrate across Texas; Crime.