Penal Code § 49.04 – Driving While Intoxicated

Penal Code § 49.04 Summary

This Texas law makes it illegal for an individual to operate a motor vehicle in any public area while impaired by alcohol or drugs. The offense, commonly known as Driving While Intoxicated (DWI), defines “intoxicated” as not having the normal use of mental or physical faculties due to alcohol or controlled substances, or having an alcohol concentration of 0.08 or more. The statute applies to anyone who meets these criteria while behind the wheel on a public road, parking lot, or any other location accessible to the public.

Purpose of Penal Code § 49.04 – Driving While Intoxicated

The legislative intent behind this particular statute is primarily to safeguard public health and safety on Texas roadways. By prohibiting individuals from driving while intoxicated, the law aims to significantly reduce the incidence of traffic accidents, severe injuries, and fatalities caused by impaired drivers. It serves as a strong deterrent, emphasizing the serious legal consequences for those who choose to operate a vehicle under the influence. The various penalty tiers reflect the legislature’s commitment to imposing harsher punishments for behaviors deemed more dangerous, such as driving with a very high blood alcohol concentration or with an open container of alcohol.

Real-World Example of Penal Code § 49.04 – Driving While Intoxicated

Consider the following scenario: Mark attends a football game and consumes several alcoholic beverages. Despite feeling lightheaded, he decides to drive his truck home from the stadium parking lot, which is considered a public place. While merging onto the highway, he swerves slightly, catching the attention of a nearby police officer. The officer pulls Mark over and observes signs of intoxication, such as slurred speech and an odor of alcohol. After performing field sobriety tests, which Mark fails, the officer administers a breathalyzer test, showing Mark’s blood alcohol concentration (BAC) is 0.10, which is above the legal limit of 0.08. Mark is then arrested for Driving While Intoxicated under Penal Code § 49.04. His offense would likely be a Class B misdemeanor, as described in subsection (b), because his BAC was over 0.08 but below 0.15, and there was no open container.

Related Statutes

Understanding Texas Penal Code § 49.04 often requires familiarity with several interconnected statutes within Chapter 49:

• Penal Code § 49.01 – Definitions: This crucial section provides the legal definitions for terms used throughout Chapter 49, including “intoxicated” and “alcohol concentration,” which are fundamental to prosecuting a DWI case.
• Penal Code § 49.02 – Public Intoxication: While distinct from DWI, this statute makes it an offense to appear in a public place while intoxicated to the degree that one may endanger oneself or another. It’s related as it deals with intoxication in public but not necessarily while operating a vehicle.
• Penal Code § 49.045 – Driving While Intoxicated with Child Passenger: This statute enhances the penalties for DWI if the driver has a child under 15 years of age in the vehicle, elevating the offense to a State Jail Felony.
• Penal Code § 49.07 – Intoxication Assault: If a person’s intoxication while driving causes serious bodily injury to another, they can be charged with Intoxication Assault, a Third Degree Felony.
• Penal Code § 49.08 – Intoxication Manslaughter: This is the most severe intoxication offense, applying when an individual’s intoxication while operating a vehicle causes the death of another, leading to a Second Degree Felony charge.
• Penal Code § 49.09 – Enhanced Offenses and Punishments: This section outlines how prior DWI convictions increase the severity of subsequent DWI charges, directly referenced in § 49.04(b). For instance, a second DWI becomes a Class A misdemeanor, and a third or subsequent DWI becomes a Third Degree Felony.

Case Law Interpreting Penal Code § 49.04 – Driving While Intoxicated

Texas courts have frequently interpreted various elements of DWI offenses, including those found in Penal Code § 49.04. Here are a few examples of notable cases:

• “Operating a Motor Vehicle”: The element of “operating” has been a frequent point of contention. In *Denton v. State*, 911 S.W.2d 388 (Tex. Crim. App. 1995), the Court of Criminal Appeals clarified that “operating” does not necessarily require the vehicle to be in motion, but rather that the individual “exerted personal effort to control or steer the vehicle.” For a deeper understanding of this case, search for *Denton v. State* on Google Scholar.
• “Intoxicated”: The definition of “intoxicated” has also been subject to judicial review, particularly regarding the “loss of normal use of mental or physical faculties.” In *Kirsch v. State*, 306 S.W.3d 738 (Tex. Crim. App. 2010), the court discussed the interpretation and sufficiency of evidence for intoxication, including the use of Horizontal Gaze Nystagmus (HGN) tests. To explore this case further, search for *Kirsch v. State* on Google Scholar.
• “Public Place”: The interpretation of “public place” is also critical. While generally straightforward, cases sometimes arise concerning private property accessible to the public, like parking lots. Though not a direct interpretation of 49.04, the principles from cases like *State v. Sanchez*, 918 S.W.2d 63 (Tex. App.—San Antonio 1996, no pet.) which discusses public access, can be illustrative. For more information, search for *State v. Sanchez* on Google Scholar.
• Blood Alcohol Concentration (BAC) Evidence: Cases like *Texas Department of Public Safety v. Durbin*, 245 S.W.3d 60 (Tex. App.—Austin 2007, no pet.), frequently address issues surrounding the admissibility and reliability of breath and blood test results, which directly impact the “alcohol concentration level” element of § 49.04(d). To learn more, search for *Texas Department of Public Safety v. Durbin* on Google Scholar.

Why Penal Code § 49.04 – Driving While Intoxicated Matters in Personal Injury Litigation

Penal Code § 49.04 holds significant weight in personal injury lawsuits arising from car accidents. When a driver is proven to have been intoxicated at the time of an incident, this statute provides a critical legal foundation for victims seeking compensation.

For plaintiffs, a conviction or even strong evidence of DWI against the at-fault driver can establish negligence *per se*. This means the defendant is presumed negligent because they violated a safety statute (Penal Code § 49.04), simplifying the plaintiff’s burden to prove fault. This can greatly strengthen a plaintiff’s case for damages, including medical expenses, lost wages, property damage, and pain and suffering. Furthermore, evidence of DWI can often open the door for punitive damages (also known as exemplary damages), which are awarded not to compensate the victim but to punish the defendant for their reckless behavior and deter similar conduct in the future. Driving while intoxicated is often considered gross negligence, a prerequisite for punitive damages in Texas.

For legal professionals, understanding the nuances of Penal Code § 49.04 allows them to effectively advise clients and strategize litigation. Plaintiff attorneys can leverage DWI evidence to secure favorable settlements or verdicts, while defense attorneys must consider how a DWI charge or conviction impacts their client’s liability and potential exposure to significant damages, including the added risk of punitive awards. The presence of an open container or a high BAC (0.15 or more) – factors that enhance criminal penalties under the statute – can further escalate the perceived recklessness in a civil suit, potentially increasing a jury’s willingness to award higher damages.