Texas Penal Code § 49.04 defines the offense of DRIVING WHILE INTOXICATED as follows:  A person
commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

Under Texas law, "intoxicated" means: 

(A)  not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a
controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body;  or

(B)  having an alcohol concentration of 0.08 or more.

A Summary of Penalties of DWI is listed below:

a) first offense: a first-offense conviction includes a fine not to exceed $2000.00 and/or the possibility of serving jail time from 72 hours to 180 days, and a driver's license suspension of 90 to 365 days. (Class B Misdemeanor)

b) second offense: the punishment range increases to no more than a $4000.00 fine and/or jail from 30 days to one year, and a possible driver's license suspension ranging from 180 days to 2 years. (Class A Misdemeanor)

c) third offense: here you may receive a fine up to $10,000.00 and/or 2 to 10 years of imprisonment, and suspension of your driver's license ranging from 180 days to 2 years. (3rd Degree Felony)

d) DWI with an open alcohol container (first offense): in addition to the penalty referenced above there is a minimum of 6 days in jail and a fine of no more than $2000.00 (Class B Misdemeanor)

e) DWI with an accident where serious bodily injury occurred as a proximate cause of the intoxication: this crime is called "intoxication assault," and upon conviction you may serve a minimum of 2 years and up to a maximum of 10 years in jail. Additionally, you may have to pay a fine up to $10,000.00 (3rd Degree Felony)

f) DWI where a death has occurred as a proximate cause of the intoxication: this crime is called "intoxication manslaughter." Upon conviction you may have to pay a fine up to $10,000.00 and/or be imprisoned from 2 to 20 years (Intoxication Manslaughter or Manslaughter with use of Deadly Weapon are both 2nd Degree Felonies)

In most cases, you may be eligible for probation, but there is no guarantee that you will receive a probated jail sentence or fine. A second DWI conviction could require that you spend 72 hours in jail even if you do receive probation.  If you are convicted of the intoxication assault and receive probation, a minimum of 30 days in jail must be served as a condition of probation. Furthermore, to receive probation upon being convicted of intoxication manslaughter you must serve a minimum of 120 days in jail.

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